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Tuesday, June 9, 2020
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Nature of the Case

Inter-American Court of Human Rights (IACtHR) case holding that Argentina violated its obligation to protect the right to equitable and satisfactory working conditions by failing to prevent excessive judicial delays for a worker seeking compensation for occupational illness.

Enforcement of the Decision and Outcomes

IACtHR declared that Argentina complied with the order to publish the decision and refund expenses to the Legal Assistance Fund for Victims. Though Argentina has requested that the payment of the non-pecuniary reparations be declared fulfilled, as of this writing, the duty remains pending per the Court.

Significance of the Case

This case strengthens labor rights standards as protected by the American Convention on Human Rights. It recognizes the scope of states’ duty to promote workers’ health beyond immediate, physical well-being by requiring that States provide workers with access to effective legal remedies in cases of occupational illness or accidents.