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
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