18
necessary measures to develop a general policy of comprehensive protection for older
persons.96
57.
The second case in which the Inter-American Court has referred to the situation of
older persons directly and specifically is precisely the case of Muelle Flores, in which in addition
to addressing the violations of a social right, the Court introduces some important standards
with regard to older persons from a perspective of the failure to execute judgments.
III. THE IMPORTANCE OF THE CASE OF MUELLE FLORES FOR INTER-AMERICAN CASE LAW:
THE OBLIGATION OF “EXCEPTIONAL DUE DILIGENCE”
58.
The rights that have been addressed in the preceding sections — the right to social
security, the right to property and the right to an effective judicial remedy – have a special
impact in this specific case. The judgment indicates that “[r]egarding a reasonable time at the
stage of execution of judgment, the Court emphasizes that this time should be shorter owing
to the existence of a final decision on the specific matter. It is inadmissible that a proceeding
on execution of judgment should temporarily alter a decision issued in a final judgment or in
any other way undermine it or render it ineffective, excessively or indefinitely prolonging a
dispute that has already been settled. This acquires greater relevance in a proceeding on
execution of judgment in which the right to social security has been recognized in the domestic
sphere […].”97
59.
In such cases, the rights involved in the domestic judgments that recognize human
rights – such as the right to social security — must be analyzed from the perspective of the
special promptness of the reasonable time established in Article 8(1) of the American
Convention for the execution of the judgment. As established in the case law of the InterAmerican Court, this is especially important in relation to the effects caused on the legal
situation of the person involved in the proceedings. The Court has established that, if the
passage of time has a relevant impact on an individual’s legal situation, the proceedings must
move forward with greater diligence so that the case is decided promptly.98 Although, in its
judgment, the Inter-American Court refers to this obligation as “advancing with greater
diligence” or “greater promptness,” this obligation has also been identified as “exceptional due
diligence.”
60.
Regarding the reasonableness of the time in cases involving violations of the rights of
a person who is in a vulnerable situation, the European Court of Human Rights has indicated
that the authorities should act with exceptional diligence.99 Thus, the judicial authorities should
act with exceptional diligence in proceedings that involve individuals who, owing to their
specific conditions, require immediate attention; for example, people living with HIV/AIDS
Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C
No. 349, fifteenth and sixteenth operative paragraphs.
96
Cf. Case of Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs. Judgment of March 6,
2019. Series C No. 375, para. 157.
97
Cf. Case of Valle Jaramillo et al. v. Colombia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 192, para. 155 and Case of Pacheco León et al. v. Honduras. Merits, reparations and costs. Judgment of
November 15, 2017. Series C No. 342, para. 120.
98
Case of Furlan and family v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of
August 31, 2012. Series C No. 246, para. 195; and ECHR, Case of H. v. The United Kingdom, No. 9580/81, Judgment
of July 8, 1987, para. 85.
99