15. In particular, and for our regional system, the IACPOP, in its Preamble, emphasizes that “older persons have the same human rights and fundamental freedoms as other persons” and that “as a person ages, they should continue to enjoy a full, independent, and autonomous life, health, safety, integration, and active participation in the economic, social, cultural and political spheres of their society.” Thus, “the adoption of a broad, comprehensive convention will contribute significantly to protecting, promoting, and ensuring the full enjoyment and exercise of the rights of older persons and to foster an active ageing process in all regards.” In other words, the treaty itself recognizes the need to place the human rights of older persons in the context of the inter-American system. In addition, and as will be developed infra, the IACPOP emphasizes the special situation of vulnerability to which older persons are subjected. In this regard, some general principles that apply to all the provisions of the IACPOP are rather illustrative, such as: (i) a “preferential care,” (ii) the application of a “differentiated focus” for the effective enjoyment of the rights of older persons and (iii) an effective judicial protection. 18 An example of these principles can be found in the context of a friendly settlement before the Inter-American Commission where, at the moment of indicating the measures of rehabilitation, the Commission pointed out that two beneficiaries would be treated “differentially taking into account their condition of older persons.” 19 16. Moreover, the IACPOP establishes that the States must “adopt and strengthen such legislative, administrative, judicial, budgetary and other measures as may be necessary […] to ensure differentiated and preferential treatment for older persons in all areas.” 20 Finally, and especially for the effects of this case, these considerations must be read in conjunction with its Article 31 (Access to justice), which establishes that the States Parties undertake “to ensure effective access to justice on an equal basis with others, including through the provision of procedural accommodations in all legal and administrative proceedings at any stage.” The States must, therefore, “ensure due diligence and preferential treatment for older persons in the processing, settlement of, and enforcement of decisions in administrative and legal processes.” 21 An example of the expression of these principles in the inter-American system may be found in the 2013 Rules of Procedure of the Inter-American Commission, in the figure of per saltum, by stating that in the norms that govern the initial processing of a petition, that, although a petition is studied according to “the order that it was received,” in exceptional cases and due to the special situation of vulnerability of the petitioner “the Commission may expedite the evaluation of a petition” when, among others, “the alleged victim is an older person.” 22 17. As has been stated on another occasion, 23 prior to Poblete Vilches (2018) and Muelle Women. The States Parties undertake: a) to take specific measures commensurate with their physical, economic and social needs as well as their access to employment and professional training; b) to ensure the right of elderly women to freedom from violence, including sexual abuse, discrimination based on age and the right to be treated with dignity.” 18 Article 3(k), (l) and (n) of the IACPOP. 19 IACHR, Report No. 67/16, Case 12.541, Report on the Friendly Settlement, Omar Zúñiga Vásquez and Amira Isabel Vásquez de Zúñiga, Colombia, November 30, 2016, p. 8. 20 Cf. Article 4(c) of the IACPOP. 21 Cf. Article 31 of the IACPOP. 22 Rules of Procedure of the Inter-American Commission on Human Rights, Art. 29 (2)(a)(i). Since the 1990’s, the Commission has ruled on decisions that involve the human rights of older persons, (Report No. 90/90. Casoe 9893).22 The Commission, in setting out the facts placed special emphasis on the particular situation of a person who was the victim of a forced disappearance (Report No. 43/47, Case 10.562, Héctor Pérez Salazar, Peru, February 19, 1998). Or had evaluated whether the internal modification of pension systems had been regressive (Report No. 38/09, Case 12.670. Admissibility and merits, National Association of Former Employees of the Social Security Institute of Peru et al. v. Peru. March 27, 2009)., 23 In my separate opinion in Muelle Flores, I indicated that: “51. […] we can identify two stages in the InterAmerican Court’s case law in relation to older persons: (a) the first in which, timidly and tangentially, it addressed 4

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