Petition alleging court delay in protecting right to social security. Consequences on right to health, wellbeing and life. Competence of Inter-American Commission of Human Rights to hear tried violations of economic, social and cultural rights enshrined in American Declaration on Human Rights.
Between December 27, 1995 and September 30, 1999, the Inter-American Commission on Human Rights (IACHR) received numerous petitions filed by retired persons and several non-governmental organizations. The petitions claimed violations of the rights to effective judicial remedy, due legal process, property, social security, health, well-being and equal protection, which are enshrined in the American Declaration on the Rights and Duties of Man (ADRDM) and in the American Convention on Human Rights (ACHR). According to the petitions, retired persons seeking an adjustment in their retirement benefits had to deal with a cumbersome administrative and judicial system that failed to realize their rights. The fundamental violations alleged focused on delayed court decisions, as well as their delayed or inadequate enforcement. The petitioners particularly questioned Law 24463, whose terms enabled postponing enforcement of judgments favorable to them due to budgetary restrictions and indefinitely postponing payment of social security adjustments. The Commission declared the case admissible in respect of violations of the rights to health, wellbeing and social security enshrined in ACHR. In 2003, a friendly settlement process was started.
Keywords: Amilcar Menéndez, Juan Manuel Caride, et al. Case Nº 11.670. Report Nº 03/01, Health Rights
Since then the parties have conducted work meetings to discuss reforms to law 24463. The petitioners prepared a project to modify the law that is currently being discussed and a list of beneficiaries, including their claims. The Social Security Department has instructed the competent body to strictly enforce confirmed court decisions.
This case is of major importance, because the IACHR has acknowledged its competence to hear cases of violations of economic, social and cultural rights enshrined in the ADHR that have been brought before courts. This acknowledgment extends the enforceability potential of social rights within the Inter-American system. Furthermore, this case shows that friendly settlement processes provide a fruitful framework to promote effective remedy for violations of social rights.
Petitioners: Amilcar Menéndez, Juan Manuel Caride et. al represented by Horacio González, Sergio Bobrovsky and Pablo Knopoff, and sponsored by Centro de Estudios Legales y Sociales (CELS) (http://www.cels.org.ar) and Centro por la Justicia y el Derecho Internacional (CEJIL) (http://www.cejil.org).
