Complaint for violation of the rights to property, judicial protection and obligation of progressive development. Violation of the right to judicial protection due to non-compliance with final judicial sentences. Violation of the right to property due to a decrease in the amount of the pension.
On September 12, 2005, the Inter-American Court determined that the State had not complied with any of the reparations provided in the Judgment of February 28, 2003 and ordered its compliance. In addition, the Court asked the State to present a report on compliance with the ordered reparations, no later than November 30, 2005.
The Inter-American Court recognized that the degradation of the right to social security constitutes a violation of the American Convention on Human Rights. This right was protected through the rights to property and judicial protection. Unfortunately, the Court interpreted the obligation of progressivity in a restrictive manner and opposite to the interpretation made by the UN Committee on Economic, Social and Cultural Rights.
Plaintiffs: Human Rights Program of the Labor Assistance Center of Peru (CEDAL) (http://www.cedal.org.pe), Association for Human Rights (APRODEH) (http://www.aprodeh.org.pe) and the Center for Justice and International Law (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 .
Respondent: Peruvian State.
