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because what is at stake is crucially important (their health).100 The European Court has also
considered that the advanced age of the applicants calls for the authorities to exercise special
diligence in the settlement of their proceedings.101
61.
Meanwhile, the Inter-American Court has considered that in cases of individuals in a
vulnerable situation, such as a person with a disability, it is essential to take the pertinent
measures; for example, the relevant authorities must give priority to hearing and deciding
cases to avoid processing delays and to ensure prompt rulings and their execution. 102 The
Court has also considered that this obligation should be applied in criminal proceedings
involving minors living with HIV/AIDS 103 to set in motion the procedure for payment of
damages.104
62.
That said, the Muelle Flores case reveals that the age of an older person is an important
element to consider in this type of case because social security is a right that is associated
with income substitution and nutrition and has a major impact on the way in which older
persons will live the rest of their lives, especially if we consider that they have a legitimate
expectation of receiving a pension when their working life ends.
63.
This has particular relevance if we consider that Article 31 (Access to Justice) of the
Inter-American Convention on Protecting the Human Rights of Older Persons establishes that
“State Parties shall ensure due diligence and preferential treatment for older persons in the
processing, settlement of, and enforcement of decisions in administrative and legal
proceedings.”
64.
In this specific case, the Inter-American Court noted that the failure to execute the
judgments had an impact not only on the enjoyment of the right to social security but also
triggered a series of consequences of both a physical and an emotional nature. Specifically, it
should be emphasized that, since he was unable to enjoy the right to social security, Mr.
Muelle Flores developed a hearing disability. Although it is true that upon reaching an
advanced age a person’s bodily functions may diminish, if a lack of access to a system of
preventive health care services is added to this, it is logical that upon reaching a certain age
ECHR, Case of H. v. The United Kingdom, (No. 9580/81), Judgment of July 8, 1987, para. 85; Case of X. v.
France, (No. 18020/91), Judgment of March 31, 1992, para. 47. Similarly, Case of A. and Others v. Denmark, (No.
20826/92), Judgment of February 8, 1996), para. 78.
100
ECHR, Case of Jablonská v. Poland (No.60225/00), Judgment of March 9, 2004. Final, June 9, 2004, para.
43; Case of Codarcea v. Romania (No. 31675/04), Judgment of June 2, 2009. Final, September 2, 2009, para. 89;
Case of Styranowski v. Poland (No. 28616/95), Judgment of October 30, 1998, para. 57, and Case of Krzak v. Poland
(No. 51515/99), Judgment of April 6, 2004. Final, July 7, 2004, para. 42.
101
Case of Furlan and family v. Argentina. Preliminary objections, merits, reparations and costs. Judgment of
August 31, 2012. Series C No. 246, para. 196.
102
In the case of Gonzales Lluy, the Court stipulated that: “315. Taking into consideration: (i) that, in this case,
Talía’s integrity was at stake; (ii) the consequent urgency derived from her situation as a child with HIV, and (iii) the
crucial importance of concluding the proceedings so that Talía and her family could have access to reparation for
damages, the Court concludes that there was a special obligation to act with due diligence, and that the State did not
comply with this obligation.” Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and
costs. Judgment of September 1, 2015. Series C No. 298, para. 315.
103
Cf. Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of
September 1, 2015. Series C No. 298, paras. 309 to 312. Similarly, even though in relation to the measures of
reparation in the Case of Cuscul Pivaral et al. v. Guatemala, a case related to a violation of the right to health owing
to the lack of medical care for people with HIV/AIDS, the Inter-American Court ordered that it was necessary “to act
with special promptness to comply with” the medical and psychological/psychiatric treatment of the direct victims
who were alive, “because the preservation of the health, personal integrity and life of the victims in th[e] case depend
on compliance with them.” Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations
and costs. Judgment of August 23, 2018. Series C No. 359, paras. 210 and 213.
104