Complaint alleging violation of rights to property and judicial protection, as well as of obligation to achieve progressive realization. Violation of right to judicial protection through failure to comply with final court decisions. Violation of right to property through decrease in pension amount.
On September 12, 2005, the Court stated the State had failed to comply with the remedies ordered in the decision dated February 28 2003 and urged it to comply. Furthermore, the Court requested the State to submit a report on the enforcement of the remedies ordered by November 30, 2005.
The Court acknowledged that the degradation of the right to social security is a violation of the American Convention on Human Rights. This right is protected through the rights to property and judicial protection. Unfortunately, the Court interpreted the obligation to achieve the progressive realization of rights in a restrictive manner opposed to the interpretation issued by the UN Committee on Economic, Social and Cultural Rights.
Applicants: Programa de Derechos Humanos del Centro de Asistencia Laboral del Perú (CEDAL) (http://www.cedal.org.pe), Asociación Pro Derechos Humanos (APRODEH) (http://www.aprodeh.org.pe) and Centro por la Justicia y el Derecho Internacional (CEJIL) (http://www.cejil.org) on behalf of Carlos Torres Benvenuto, Javier Mujica Ruiz-Huidobro, Guillermo Alvarez Fernández, Reymer Bartra Vásquez and Maximiliano Gamarra Ferreira. Defendant: State of Peru