This case explores the responsibilities that States have to actively protect groups at higher risk, especially women and children, from the hazards of unsafe, unsanitary, and particularly dangerous working conditions. Simply enacting regulations that demand their protection is not sufficient. The State must take an active role in enforcing and supervising the implementation of protective regulations.
The State has already published the judgement’s summary in its official media. Payment of compensation is still pending, as well as the guarantees of non-repetition. There are as of this writing no updates on the ongoing judicial proceedings, but the criminal proceeding is at risk of extending past the statute of limitations, thus not holding any of the perpetrators – the members of a wealthy and powerful family in the community – accountable.
This case is significant because it both recognizes the particular intersectional discrimination faced by impoverished black women and children and demands that the state take an active role in protecting said communities. The failure to provide equal, safe and sanitary work conditions (usually matters before state and municipal courts) is a violation of human rights deserving the attention of the international community. Further, this case emphasizes that countries may be held responsible for their failure to protect.