enterprises – that entail dangerous activities.303 In such situations the same Court has held that states should implement a legislative and administrative framework that makes it possible to deter threats to the rights to life and humane treatment.304 203. In the case of Öneryldiz v. Turkey, the European Court determined that the obligation to respect rights, primarily the right to life, includes the positive duty of the state to safeguard the rights of persons under its jurisdiction, especially in the case of industrial activities which, by their very nature, are dangerous. The European Court added that in those cases, the concession of licenses should be governed by the creation, operation, safety, and supervision of the activity, and the interested parties should be required to take practical measures to guarantee the effective protection of those citizens whose lives may be threatened by the inherent risks.305 204. Of special interest is what the European Court held in the case of Vilnes and others v. Norway, in which it noted that underwater fishing is a high-risk labor activity.306 Accordingly, the states should regulate the licenses, operations, safety measures, and supervision of that activity.307 In addition, the states should adopt positive measures to ensure the safety and health of the divers.308 3. Analysis of the international responsibility of the State for the deaths, physical lesions, disappearances, and disabilities of the victims 3.1 On the victims who suffered accidents and/or died immediately related to deep-water diving 205. As established in the facts proven, 34 victims 309 suffered accidents due to the deep water diving they did, and which caused them to suffer decompression syndrome. This has been corroborated by the documentation available on each victim, including, in many cases, medical certificates or the descriptions in administrative labor proceedings that were not controverted by the State. Of this group of persons, 12 divers310 died in the moments immediately after the accident. 206. As was established in the section on context, the Miskito divers recruited to work on fishing vessels, as they received no training on diving or on the limits of submersion and the safety measures that should have been adopted when they were engaged in deep-sea diving. In addition, from the context it appears that the fishing vessels did not comply with the safety measures, either preventive or for immediate reaction in the face of possible accidents. Among the measures not complied with, according to information on the context, the following merit special mention: (i) the use of alcoholic beverages and drugs by the divers, encouraged by the captains of the vessels; (ii) the lack of appropriate diving equipment for deep-sea diving; and (iii) insistence and abuses committed by the captains of the vessels for the divers to submerge to depths that put their life and integrity at risk. ECHR, Case of Budayeva and others v. Russia. Judgment of September 29, 2008, para. 130. ECHR, Case of Kolyadenko and others v. Russia. Judgment of February 28, 2012, para. 157; and Case of Öneryildiz v. Turkey. Judgment of November 30, 2004, para. 89. 305 European Court of Human Rights, Case of Öneryildiz v. Turkey. Judgment of November 30, 2004, para. 90. 306 ECHR, Case of Vilnes and others v. Norway. Judgment of March 24, 2014, para. 222. 307 ECHR, Case of Vilnes and others v. Norway. Judgment of March 24, 2014, para. 220. See also: Case of Öneryıldız v. Turkey. Judgment of November 30, 2004, paras. 71 and 90. 308 ECHR, Case of Vilnes and others v. Norway. Judgment of March 24, 2014, para. 232. 309 Opario Lemonth Morris, Saipon Richard Toledo, Eran Herrera Paulisto, Bernardo Blakaus Emos, Ali Herrera Ayanco, Mármol Williams García, José Martínez López, Ramón Allen Felman, Alfredo Francisco Brown, Próspero Bendles Marcelino, Roger Gómez Alfred, Timoteo Salazar Zelaya, Timoteo Lemus Pisatty, Onasis Cooper, Flaviano Martínez López, Carcoth Padmoe Millar, Amistero Bans Valeriano, Rolando Monico Thomas, Ralph Valderramos Álvarez, Ex Dereck Claro, Leonel Saty Méndez, David Esteban Bradley, Evecleto Londres Yumida, Arpin Robles Tayaton, Daniel Flores Reyes, Fredy Federico Salazar, Cooper Crescencio Jems, Félix Osorio Presby, Efraín Rosales Kirington, Melecio Pamistan Maick, Willy Gómez Pastor, Roberto Flores Esteban, Daniel Dereck Thomas, and Carlos Castellón Cárdenas. 310 Opario Lemonth Morris, Saipon Richard Toledo, Eran Herrera Paulisto, Bernardo Blakaus Emos, Ali Herrera Ayanco, Mármol Williams García, José Martínez López, Ramón Allen Felman, Alfredo Francisco Brown, Próspero Bendles Marcelino, Roger Gómez Alfred, and Timoteo Salazar Zelaya. 303 304 36

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