Moreover, the Court notes that wages have an nutritional and survival nature as they are necessary
to satisfy the worker’s basic needs, which implies that any disruption in receiving a wage impacts on
the enjoyment of other rights of the Convention, especially those contained in Article 26, the
increased protection of which has been emphasized by the UN Committee on Economic, Social and
Cultural Rights in its General Comment No. 6 on older persons, by indicating that “the States Parties
to the Covenant are obligated to pay particular attention to promoting and protecting the economic,
social and cultural rights of older persons.” 133
b.2 Right to private property
112. The Court has developed in its jurisprudence a broad concept of property that covers the use
and enjoyment of goods, defined as appropriable things, as well as any right that may form part of
the patrimony of a person. 134 The Court has also protected, by means of Article 21 of the Convention,
acquired rights, understood as rights that have been incorporated into the patrimony of the person. 135
It must be reiterated that the right to property is not absolute and, in this regard, can be subject to
restrictions and limitations, 136 as long as they are done legally 137 and within the parameters
established by Article 21. 138
113. The Court recalls that the decision of February 12 ordered that the additional pay increase be
applied to the basic income that the worker received at the moment of its calculation and payment.
With respect to these amounts, the Court held that the guarantee of a reasonable time with respect
to these payments was infringed and that, regarding the sub-group of 2,309 workers, there was a
failure to fully comply with the relevant payments of the additional claims.
114. The Court considers that the right to receive these amounts affected the patrimony of the
FEMAPOR members since the payment was delayed or sometimes was not made and, therefore, the
victims could not fully enjoy their right to private property, understood as the amounts that they did
not receive.
b.3 Conclusion
115. In view of the above, the Court concludes that the serious delay in the payment of the
amounts owed to the totality of the workers, as well as the failure to pay the amounts that were
subsequently claimed by the sub-group of 2,309 workers, implied a violation of the right to work
protected by Article 26 of the American Convention, read in conjunction with Article 1(1) thereof, as
well as the right to private property guaranteed by Article 21 of the American Convention, read in
conjunction with Article 1(1) thereof, to the detriment of the persons listed in Annex I of this
judgment.
Cf. UN, ESCR Committee DESC, General Comment No. 6, (1995), para. 13.
Cf. Case of Ivcher Bronstein v. Peru, supra, paras. 120 and 122 and Case Palacio Urrutia et al. v. Ecuador. Merits,
Reparations and Costs. Judgment of November 24, 2021. Series C No. 446, para. 136.
135
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 122 and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 136.
136
Cf. Case of Ivcher Bronstein v. Peru, supra, para. 128 and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 136.
137
In the same regard and, as an example, the Court observes that Article 5 of the Additional Protocol to the American
Convention in the Area of Economic, Social and Cultural Rights, only permits States to establish limitations and restrictions to
the enjoyment and exercise of economic, social and cultural rights “by means of laws promulgated for the purpose of
preserving the general welfare in a democratic society only to the extent that they are not incompatible with with the purpose
and reason underlying those rights.”
138
Cf. Case of Salvador Chiriboga v. Ecuador. Preliminary Objection and Merits. Judgment of May 6, 2008. Series C No.
179, paras. 60 to 63; Case of Mémoli v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment of August
22, 2013. Series C No. 265, para. 170 and Case of Palacio Urrutia et al. v. Ecuador, supra, para. 136.
133
134
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