The facts of the case concern the violation of the right to judicial protection in detriment of 233 members of the “Sindicato de Funcionarios, Profesionales y Técnicos de la Empresa de Servicio de Agua Potable y Alcantarillado de Lima” (SIFUSE). This occurred as a result of the State not providing an effective remedy in relation to the retroactive application of two decrees which eliminated the pay scale system governing the aforementioned group, in spite of the Political Constitution establishing the non-retroactive character of laws of this kind.

The State recognized its international responsibility for the retrospective application of the mentioned decrees and for the lack of judicial protection in this situation. However, it did not accept its responsibility for the violation of private property, as the reason the decrees were issued was the economic crisis in which the country found itself and which justified – in the name of social interest – such limitations on the right to property.

The IA Court understood that the right to a pension has patrimonial effects, and as such is protected by the right to property as enshrined in the American Convention.