THE SOCIAL CHARTER OF THE OAS: A STEP FORWARD IN THE ENFORCEMENT OF SOCIO-ECONOMIC RIGHTS IN THE AMERICAS?

The text of the Social Charter in the Americas was formally launched and adopted at the 42th session of the Organization of American States (OAS) on 4 June 2012, renewing the quest for reinforcing economic and social rights in the continent. The 2012 Social Charter of the OAS is accompanied by an action plan, which has not yet been adopted. As its main goal it focuses on the eradication of extreme poverty and encourages the States to take effective steps to fight discrimination and set the indivisibility of human rights in motion. Several questions arise with the adoption of this text. The need for a new tool and its 'suitableness' in the human rights universe of the Americas are at stake. This article will put into context and analyse the reasons for the adoption of the Social Charter, as well as its contribution to the promotion and protection of economic and social rights. The reasons for this new text, its status and its shortcomings will be studied, bearing in mind that such a soft law mechanism can be a useful tool in terms of legitimacy and can make an impact on the effective protection of human rights in the context of the Inter-American system of protection of human rights and within the work of its two main organs, the Inter-American Commission and the Court.