began in 2004. The State also indicated that “another factor contributing to the complexity of this
case was the large number of alleged victims.”
B.
Considerations of the Court
77.
Article 25 of the Convention recognizes the right to judicial protection. The Court has stated
that, in protecting this right, the State has two specific obligations: (i) enact into law and ensure the
due application of effective remedies before the competent authorities that protect all persons under
its jurisdiction against acts that violate their fundamental rights or that lead to the determination of
their rights and obligations 82 and (ii) guarantee the means to enforce the decisions and judgments of those
competent authorities in order to effectively protect the declared and recognized rights.83 In this regard, Article
25(2)(c) of the Convention establishes the right to the compliance, by the competent authorities, of all
decisions in which the remedy has been granted. 84
78.
The Court has indicated that State responsibility does not end when the competent authorities
render a decision or judgment. The State must also guarantee the effective means and mechanisms
to enforce final decisions so that they effectively protect the declared rights. 85 The Court has also
established that the effectiveness of a judgment depends on its enforcement, the process that
materializes the protection of the right recognized in the judicial ruling by the appropriate application
of such ruling. 86 The Court has also noted that, to fully achieve a judgment’s effectiveness, the
enforcement must be complete, perfect, integral and without delay. 87
b.1 Duty of special protection for older persons
79.
The obligation to comply with the final decisions and judgments of the competent authorities is
greater with respect to older persons and requires an increased standard of promptness. This increased
duty of protection, which is based on their special vulnerability, is a general principle of public
international law. 88
Cf. Case of the “Steet Children” (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999.
Series C No. 63, para. 237 and Case of the Former Employees of the Judiciary v. Guatemala. Preliminary Objections, Merits
and Reparations. Judgment of November 17, 2021. Series C No. 445, para. 79.
83
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C No. 104, para.
79 and Case of the Formers Employees of the Judiciary v. Guatemala, supra, para. 79.
84
Cf. Case of Muelle Flores v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 6, 2019.
Series C No. 375, para. 124 and Case of Teachers of Chañaral and other municipalities v. Chile, supra, para. 142.
85
Cf. Judicial guarantees during states of emergency (Arts. 27.2, 25 and 8 American Convention on Human Rights).
Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24 and Case of Teachers of Chañaral and other
municipalities v. Chile, supra, para. 143.
86
Cf. Case of Las Palmeras v. Colombia. Reparations and Costs. Judgment of November 26, 2002. Series C No. 96,
para. 58 and Case of Teacher of Chañaral and other municipalities v. Chile, supra, para. 143.
87
Cf. Case of Mejía Idrovo v. Ecuador. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 5, 2011.
Series C No. 228, para. 105 and Case of Teachers of Chañaral and other municipalities v. Chile, supra, para. 143.
88
Cf. UN, Principles of the United Nations for older persons, adopted by the UN General Assembly, Resolution 46/91,
of December 16, 1991; UN, Proclamation on ageing, adopted by the UN General Assembly, Resolution 47/5, of October 16,
1992; UN, Madrid International Plan of Action on Ageing and the Political Declaration, adopted by the Second World Assembly
on Ageing in April 2002; Regional strategy on the implementation for Latin America and the Caribbean of the Madrid International
Plan of Action, adopted during the Regional Intergovernmental Conference on Ageing, held in Santiago, Chile November 19-21,
2003; Brasilia Declaration, adopted during the Second Intergovernmental Conference on Ageing in Latin America and the
Caribbean: towards a society for all ages and rights-based social protection, held December 4-6, 2007; Pan-American Health
Organization, Plan of Action on the health of older persons, including active and healthy aging, CD49/8, of July 10, 2009;
OAS, Declaration of Commitment of Port of Spain, adopted at the Fifth Summit of the Americas, Port of Spain, Trinidad and
Tobago, April 19, 2009; San José Charter on the rights of older persons of Latin America and the Caribbean, adopted at the Third
Regional Intergovernmental Conference on Ageing in Latin America and the Caribbean, held May 8-11, 2012, and Inter-American
Convention on Protecting the Human Rights of Older Persons, of June 15, 2015.
82
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