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General Secretariat
Secretariat for Access to Rights and Equity
Department of Social Inclusion
PROTOCOL OF
SAN SALVADOR
ADDITIONAL PROTOCOL
TO THE AMERICAN
CONVENTION ON HUMAN
RIGHTS IN THE AREA OF
ECONOMIC, SOCIAL AND
CULTURAL RIGHTS
OAS Cataloging-in-Publication Data
Additional Protocol to the American Convention on Human Rights
in the Area of Economic, Social, and Cultural Rights : “Protocol
of San Salvador” : Signed at San Salvador, El Salvador, on
November 17, 1988, at the Eighteenth Regular Session of the
General Assembly.
p. ; cm. (OAS. Ofcial records ; OEA/Ser.A/44) (Treaty Series ;
no.69).
ISBN 978-0-8270-6525-3
1. Civil rights--America. 2. Human rights--America.
I. Title: American Convention on Human Rights (1969).
II. Protocol of San Salvador. III. Series.
OEA/Ser.A/44 (English)
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Preamble
The States Parties to the American Convention
on Human Rights “Pact of San José, Costa Rica,”
Reafrming their intention to consolidate in this
hemisphere, within the framework of democratic
institutions, a system of personal liberty and
social justice based on respect for the essential
rights of man;
Recognizing that the essential rights of man are
not derived from one’s being a national of a certain
State, but are based upon attributes of the human
person, for which reason they merit international
protection in the form of a convention reinforcing
ADDITIONAL PROTOCOL TO THE AMERICAN
CONVENTION ON HUMAN RIGHTS IN THE AREA
OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS
“PROTOCOL OF SAN SALVADOR”
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or complementing the protection provided by the
domestic law of the American States;
Considering the close relationship that exists
between economic, social and cultural rights,
and civil and political rights, in that the different
categories of rights constitute an indivisible
whole based on the recognition of the dignity of
the human person, for which reason both require
permanent protection and promotion if they are to
be fully realized, and the violation of some rights
in favor of the realization of others can never be
justied;
Recognizing the benets that stem from the
promotion and development of cooperation
among States and international relations;
Recalling that, in accordance with the Universal
Declaration of Human Rights and the American
Convention on Human Rights, the ideal of free
human beings enjoying freedom from fear
and want can only be achieved if conditions
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are created whereby everyone may enjoy his
economic, social and cultural rights as well as his
civil and political rights;
Bearing in mind that, although fundamental
economic, social and cultural rights have been
recognized in earlier international instruments of
both world and regional scope, it is essential that
those rights be reafrmed, developed, perfected
and protected in order to consolidate in America,
on the basis of full respect for the rights of the
individual, the democratic representative form
of government as well as the right of its peoples
to development, self-determination, and the free
disposal of their wealth and natural resources,
and
Considering that the American Convention on
Human Rights provides that draft additional
protocols to that Convention may be submitted
for consideration to the States Parties, meeting
together on the occasion of the General Assembly
of the Organization of American States, for the
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purpose of gradually incorporating other rights
and freedoms into the protective system thereof,
Have agreed upon the following Additional
Protocol to the American Convention on Human
Rights “Protocol of San Salvador”:
Article 1
Obligation to adopt measures
The States Parties to this Additional Protocol
to the American Convention on Human Rights
undertake to adopt the necessary measures, both
domestically and through cooperation among
states, especially economic and technical, to the
extent allowed by their available resources, and
taking into account their degree of development,
for the purpose of achieving progressively and
pursuant to their internal legislations, the full
observance of the rights recognized in this
Protocol.
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Article 2
Obligation to enact domestic
legislation
If the exercise of the rights set forth in this
Protocol is not already guaranteed by legislative
or other provisions, the States Parties undertake
to adopt, in accordance with their constitutional
processes and the provisions of this Protocol,
such legislative or other measures as may be
necessary for making those rights a reality.
Article 3
Obligation of nondiscrimination
The State Parties to this Protocol undertake to
guarantee the exercise of the rights set forth
herein without discrimination of any kind for
reasons related to race, color, sex, language,
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religion, political or other opinions, national or
social origin, economic status, birth or any other
social condition.
Article 4
Inadmissibility of restrictions
A right which is recognized or in effect in a State
by virtue of its internal legislation or international
conventions may not be restricted or curtailed on
the pretext that this Protocol does not recognize
the right or recognizes it to a lesser degree.
Article 5
Scope of restrictions and limitations
The State Parties may establish restrictions and
limitations on the enjoyment and exercise of
the rights established herein by means of laws
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promulgated for the purpose of preserving the
general welfare in a democratic society only to
the extent that they are not incompatible with the
purpose and reason underlying those rights.
Article 6
Right to work
1. Everyone has the right to work, which
includes the opportunity to secure the means
for living a dignied and decent existence
by performing a freely elected or accepted
lawful activity.
2. The State Parties undertake to adopt
measures that will make the right to work
fully effective, especially with regard to the
achievement of full employment, vocational
guidance, and the development of technical
and vocational training projects, in particular
those directed to the disabled. The States
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Parties also undertake to implement and
strengthen programs that help to ensure
suitable family care, so that women may
enjoy a real opportunity to exercise the right
to work.
Article 7
Just, equitable, and satisfactory
conditions of work
The States Parties to this Protocol recognize that
the right to work to which the foregoing article
refers presupposes that everyone shall enjoy
that right under just, equitable, and satisfactory
conditions, which the States Parties undertake to
guarantee in their internal legislation, particularly
with respect to:
a. Remuneration which guarantees, as a
minimum, to all workers dignied and decent
living conditions for them and their families
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and fair and equal wages for equal work,
without distinction;
b. The right of every worker to follow his
vocation and to devote himself to the activity
that best fullls his expectations and to
change employment in accordance with the
pertinent national regulations;
c. The right of every worker to promotion or
upward mobility in his employment, for
which purpose account shall be taken of
his qualications, competence, integrity and
seniority;
d. Stability of employment, subject to the
nature of each industry and occupation and
the causes for just separation. In cases of
unjustied dismissal, the worker shall have
the right to indemnity or to reinstatement
on the job or any other benets provided by
domestic legislation;
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e. Safety and hygiene at work;
f. The prohibition of night work or unhealthy
or dangerous working conditions and, in
general, of all work which jeopardizes health,
safety, or morals, for persons under 18 years
of age. As regards minors under the age of
16, the work day shall be subordinated to the
provisions regarding compulsory education
and in no case shall work constitute an
impediment to school attendance or a
limitation on beneting from education
received;
g. A reasonable limitation of working hours, both
daily and weekly. The days shall be shorter in
the case of dangerous or unhealthy work or
of night work;
h. Rest, leisure and paid vacations as well as
remuneration for national holidays.
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Article 8
Trade union rights
1. The States Parties shall ensure:
a. The right of workers to organize trade
unions and to join the union of their choice
for the purpose of protecting and promoting
their interests. As an extension of that
right, the States Parties shall permit trade
unions to establish national federations or
confederations, or to afliate with those that
already exist, as well as to form international
trade union organizations and to afliate with
that of their choice. The States Parties shall
also permit trade unions, federations and
confederations to function freely;
b. The right to strike.
2. The exercise of the rights set forth above may
be subject only to restrictions established
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by law, provided that such restrictions are
characteristic of a democratic society and
necessary for safeguarding public order or
for protecting public health or morals or the
rights and freedoms of others. Members of
the armed forces and the police and of other
essential public services shall be subject to
limitations and restrictions established by
law.
3. No one may be compelled to belong to a
trade union.
Article 9
Right to social security
1. Everyone shall have the right to social security
protecting him from the consequences of old
age and of disability which prevents him,
physically or mentally, from securing the
means for a dignied and decent existence.
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In the event of the death of a beneciary,
social security benets shall be applied to his
dependents.
2. In the case of persons who are employed,
the right to social security shall cover at least
medical care and an allowance or retirement
benet in the case of work accidents or
occupational disease and, in the case of
women, paid maternity leave before and
after childbirth.
Article 10
Right to health
1. Everyone shall have the right to health,
understood to mean the enjoyment of the
highest level of physical, mental and social
well-being.
2. In order to ensure the exercise of the right to
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health, the States Parties agree to recognize
health as a public good and, particularly, to
adopt the following measures to ensure that
right:
a. Primary health care, that is, essential health
care made available to all individuals and
families in the community;
b. Extension of the benets of health services
to all individuals subject to the State’s
jurisdiction;
c. Universal immunization against the principal
infectious diseases;
d. Prevention and treatment of endemic,
occupational and other diseases;
e. Education of the population on the prevention
and treatment of health problems, and
f. Satisfaction of the health needs of the highest
risk groups and of those whose poverty
makes them the most vulnerable.
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Article 11
Right to a healthy environment
1. Everyone shall have the right to live in a
healthy environment and to have access to
basic public services.
2. The States Parties shall promote the
protection, preservation, and improvement of
the environment.
Article 12
Right to food
1. Everyone has the right to adequate nutrition
which guarantees the possibility of enjoying
the highest level of physical, emotional and
intellectual development.
2. In order to promote the exercise of this right
and eradicate malnutrition, the States Parties
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undertake to improve methods of production,
supply and distribution of food, and to this
end, agree to promote greater international
cooperation in support of the relevant
national policies.
Article 13
Right to education
1. Everyone has the right to education.
2. The States Parties to this Protocol agree that
education should be directed towards the full
development of the human personality and
human dignity and should strengthen respect
for human rights, ideological pluralism,
fundamental freedoms, justice and peace.
They further agree that education ought to
enable everyone to participate effectively
in a democratic and pluralistic society and
achieve a decent existence and should foster
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understanding, tolerance and friendship
among all nations and all racial, ethnic or
religious groups and promote activities for
the maintenance of peace.
3. The States Parties to this Protocol recognize
that in order to achieve the full exercise of the
right to education:
a. Primary education should be compulsory
and accessible to all without cost;
b. Secondary education in its different forms,
including technical and vocational secondary
education, should be made generally
available and accessible to all by every
appropriate means, and in particular, by the
progressive introduction of free education;
c. Higher education should be made equally
accessible to all on the basis of individual
capacity, by every appropriate means, and in
particular, by the progressive introduction of
free education;
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d. Basic education should be encouraged
or intensied as far as possible for those
persons who have not received or completed
the whole cycle of primary instruction;
e. Programs of special education should be
established for the handicapped, so as to
provide special instruction and training to
persons with physical disabilities or mental
deciencies.
4. In conformity with the domestic legislation
of the States Parties, parents should have
the right to select the type of education to
be given to their children, provided that it
conforms to the principles set forth above.
5. Nothing in this Protocol shall be interpreted as
a restriction of the freedom of individuals and
entities to establish and direct educational
institutions in accordance with the domestic
legislation of the States Parties.
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Article 14
Right to the benets of culture
1. The States Parties to this Protocol recognize
the right of everyone:
a. To take part in the cultural and artistic life of
the community;
b. To enjoy the benets of scientic and
technological progress;
c. To benet from the protection of moral and
material interests deriving from any scientic,
literary or artistic production of which he is
the author.
2. The steps to be taken by the States Parties
to this Protocol to ensure the full exercise
of this right shall include those necessary
for the conservation, development and
dissemination of science, culture and art.
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3. The States Parties to this Protocol undertake
to respect the freedom indispensable for
scientic research and creative activity.
4. The States Parties to this Protocol
recognize the benets to be derived from
the encouragement and development of
international cooperation and relations
in the elds of science, arts and culture,
and accordingly agree to foster greater
international cooperation in these elds.
Article 15
Right to the formation and
the protection of families
1. The family is the natural and fundamental
element of society and ought to be protected
by the State, which should see to the
improvement of its spiritual and material
conditions.
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2. Everyone has the right to form a family,
which shall be exercised in accordance
with the provisions of the pertinent domestic
legislation.
3. The States Parties hereby undertake to
accord adequate protection to the family unit
and in particular:
a. To provide special care and assistance to
mothers during a reasonable period before
and after childbirth;
b. To guarantee adequate nutrition for children
at the nursing stage and during school
attendance years;
c. To adopt special measures for the protection
of adolescents in order to ensure the full
development of their physical, intellectual
and moral capacities;
d. To undertake special programs of family
training so as to help create a stable and
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positive environment in which children
will receive and develop the values of
understanding, solidarity, respect and
responsibility.
Article 16
Rights of children
Every child, whatever his parentage, has the right
to the protection that his status as a minor requires
from his family, society and the State. Every child
has the right to grow under the protection and
responsibility of his parents; save in exceptional,
judicially-recognized circumstances, a child of
young age ought not to be separated from his
mother. Every child has the right to free and
compulsory education, at least in the elementary
phase, and to continue his training at higher
levels of the educational system.
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Article 17
Protection of the elderly
Everyone has the right to special protection in old
age. With this in view the States Parties agree to
take progressively the necessary steps to make
this right a reality and, particularly, to:
a. Provide suitable facilities, as well as food
and specialized medical care, for elderly
individuals who lack them and are unable to
provide them for themselves;
b. Undertake work programs specically
designed to give the elderly the opportunity to
engage in a productive activity suited to their
abilities and consistent with their vocations or
desires;
c. Foster the establishment of social
organizations aimed at improving the quality
of life for the elderly.
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Article 18
Protection of the handicapped
Everyone affected by a diminution of his physical
or mental capacities is entitled to receive special
attention designed to help him achieve the
greatest possible development of his personality.
The States Parties agree to adopt such measures
as may be necessary for this purpose and,
especially, to:
a. Undertake programs specically aimed at
providing the handicapped with the resources
and environment needed for attaining this
goal, including work programs consistent
with their possibilities and freely accepted
by them or their legal representatives, as the
case may be;
b. Provide special training to the families of the
handicapped in order to help them solve the
problems of coexistence and convert them
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into active agents in the physical, mental and
emotional development of the latter;
c. Include the consideration of solutions to
specic requirements arising from needs of
this group as a priority component of their
urban development plans;
d. Encourage the establishment of social
groups in which the handicapped can be
helped to enjoy a fuller life.
Article 19
Means of protection
1. Pursuant to the provisions of this article and
the corresponding rules to be formulated for
this purpose by the General Assembly of the
Organization of American States, the States
Parties to this Protocol undertake to submit
periodic reports on the progressive measures
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they have taken to ensure due respect for the
rights set forth in this Protocol.
2. All reports shall be submitted to the Secretary
General of the OAS, who shall transmit them
to the Inter-American Economic and Social
Council and the Inter-American Council
for Education, Science and Culture so that
they may examine them in accordance with
the provisions of this article. The Secretary
General shall send a copy of such reports to
the Inter-American Commission on Human
Rights.
3. The Secretary General of the Organization
of American States shall also transmit to
the specialized organizations of the inter-
American system of which the States Parties
to the present Protocol are members,
copies or pertinent portions of the reports
submitted, insofar as they relate to matters
within the purview of those organizations, as
established by their constituent instruments.
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4. The specialized organizations of the inter-
American system may submit reports to
the Inter-American Economic and Social
Council and the Inter-American Council for
Education, Science and Culture relative to
compliance with the provisions of the present
Protocol in their elds of activity.
5. The annual reports submitted to the
General Assembly by the Inter-American
Economic and Social Council and the Inter-
American Council for Education, Science
and Culture shall contain a summary of the
information received from the States Parties
to the present Protocol and the specialized
organizations concerning the progressive
measures adopted in order to ensure respect
for the rights acknowledged in the Protocol
itself and the general recommendations they
consider to be appropriate in this respect.
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6. Any instance in which the rights established
in paragraph a) of Article 8 and in Article 13
are violated by action directly attributable to
a State Party to this Protocol may give rise,
through participation of the Inter-American
Commission on Human Rights and, when
applicable, of the Inter-American Court of
Human Rights, to application of the system
of individual petitions governed by Article
44 through 51 and 61 through 69 of the
American Convention on Human Rights.
7. Without prejudice to the provisions of the
preceding paragraph, the Inter-American
Commission on Human Rights may formulate
such observations and recommendations
as it deems pertinent concerning the status
of the economic, social and cultural rights
established in the present Protocol in all or
some of the States Parties, which it may
include in its Annual Report to the General
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Assembly or in a special report, whichever it
considers more appropriate.
8. The Councils and the Inter-American
Commission on Human Rights, in discharging
the functions conferred upon them in this
article, shall take into account the progressive
nature of the observance of the rights subject
to protection by this Protocol.
Article 20
Reservations
The States Parties may, at the time of approval,
signature, ratication or accession, make
reservations to one or more specic provisions
of this Protocol, provided that such reservations
are not incompatible with the object and purpose
of the Protocol.
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Article 21
Signature, ratication or accession.
Entry into effect
1. This Protocol shall remain open to signature
and ratication or accession by any State
Party to the American Convention on Human
Rights.
2. Ratication of or accession to this Protocol
shall be effected by depositing an instrument
of ratication or accession with the General
Secretariat of the Organization of American
States.
3. The Protocol shall enter into effect when
eleven States have deposited their respective
instruments of ratication or accession.
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4. The Secretary General shall notify all the
member states of the Organization of
American States of the entry of the Protocol
into effect.
Article 22
Inclusion of other rights and
expansion of those recognized
1. Any State Party and the Inter-American
Commission on Human Rights may submit
for the consideration of the States Parties
meeting on the occasion of the General
Assembly proposed amendments to include
the recognition of other rights or freedoms
or to extend or expand rights or freedoms
recognized in this Protocol.
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2. Such amendments shall enter into effect
for the States that ratify them on the date
of deposit of the instrument of ratication
corresponding to the number representing
two thirds of the States Parties to this
Protocol. For all other States Parties they
shall enter into effect on the date on which
they deposit their respective instrument of
ratication.
I hereby certify that the foregoing document,
composed of thirty-two pages, is a true and faithful
copy of the authentic text in English of the Additional
Protocol to the American Convention on Human
Rights in the area of Economic, Social and Cultural
Rights (Protocol of San Salvador), signed in San
Salvador, El Salvador, on November 17, 1988.
The signed originals of these texts are on deposit
with the General Secretariat of the Organization of
American States.
Washington, D.C., March 9, 2016
Jean-Michel Arrighi
Secretary for Legal Affairs
General Secretariat of the OAS
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TREATY SERIES No.69
OAS/Ser.A/44 (SEPF)
Adopted at San Salvador, El Salvador
November 17, 1988
During the Eighteenth Regular Session of the OAS
General Assembly
ISBN 978-0-8270-6525-3
Designed and Printed by ASG DCMM DS
