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.
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).