means money, so right now we have no care at all. What a help it would be if what is ours were
recognized and paid to us, money that belongs to us by decree-law.430
183. Moreover, as the representatives reported, by June 2021, 185 alleged victims had passed
away without ever gaining access to the money owed to them under final judicial mandate (supra
para. 125).
184. The Court therefore finds that a reinforced standard could be demanded for the expeditious,
effective execution of the verdict (supra paras. 148 to 152). This standard of reinforced
promptness was not adopted by the State in the processes that comprise this case and that have
taken more than a quarter-century to bring about compliance with the convictions against the
municipalities, and this constitutes a violation of Article 8(1) of the Convention.
B.4. Duty to adopt domestic legal effects with respect to the right to a
reasonable period and the right to judicial protection
185. The Court notes that Article 2 of the Convention requires the States Parties to adopt, in
accordance with their constitutional processes and the provisions of the Convention, such
legislative or other measures as may be necessary to give effect to the rights and freedoms
protected by the Convention. This duty entails adopting measures of two kinds. The first is
elimination of any norms and practices that in any way violate the guarantees provided under the
Convention,431 either because they ignore those rights or liberties or because they obstruct their
exercise.432 The second is to issue norms and develop practices that lead to the effective
observance of such guarantees.433
186. The Court also emphasizes that in the instant case, the violations of the right to judicial
protection and the right to a reasonable period were the result of an unclear, ineffective domestic
regulatory framework created by the Labor Code, the MCOL and the Civil Procedural Code (supra
paras. 153 to 170). The violations were also caused by the absence of provisions requiring the
municipalities to comply with court-ordered sentences and requiring the State to provide the
municipalities with funds to pay their debts. As expert witness Jordán Díaz said in the public
hearing, the problem with the regulations on compliance with judgments against the
municipalities is that they leave compliance up to discretion or willingness to pay, and to the
possibility of obtaining funds. Thus, in view of the fact that the Chilean legal system does not
include provisions requiring the State-municipality to comply with judicial verdicts, the expert
witness concluded that, if citizens do not find that the public administration is willing to pay, they
“stand defenseless.”434 Furthermore, the Chilean legal system offers no provisions for taking into
account the particular vulnerability of older adults so as to ensure an expeditious process.
430
Statement rendered by Ceferina Olivia Matus Rodríguez at a public hearing before the Inter-American Court,
May 31, 2021.
431
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, Reparations and Costs. Judgment of May 30, 1999. Series
C No. 52, para. 207, and Case of González et al. v. Venezuela, supra, para. 103.
432
Cf. Case of Hilaire, Constantine and Benjamin et al. v. Trinidad and Tobago, supra, para. 113, and Case of
González et al. v. Venezuela, supra, para. 103.
433
Cf. Case of Castillo Petruzzi et al. v. Peru, supra, para. 207, and Case of González et al. v. Venezuela, supra,
para. 103.
434
Statement by expert witness Tomás Jordán Díaz delivered on May 31, 2021 at the public hearing before the
Inter-American Court.
63
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