died as a result of the explosion (infra Annex 2, paragraph 12), complied with the safety
measures required to prevent underwater fishing from endangering the personal integrity or
lives of those involved. The State’s negligent conduct, in terms of verifying compliance with
the provisions of the Labor Code and the Fishing Regulations that protected workers, allowed
fishing activities to be carried out outside of domestic legislation. This resulted in the State’s
international responsibility for the serious physical and psychological consequences suffered
by the victims in this case in the various accidents that occurred, as well as for the deaths of
those who died as a result of those accidents, as evidenced by the State’s acknowledgment
(supra para. 13).
59.
Third, the Court emphasizes that Licar Méndez was 16 years old when was abandoned
by the captain of the boat on which he was working, which led to his disappearance. In this
regard, the Court considers that the State’s aforementioned omissions constituted, in addition
to a violation of his right to life, a violation of its duty to guarantee the rights of a child. This
Court emphasizes that the ILO considers underwater lobster fishing in the Honduran Mosquitia
region to be an extremely dangerous activity for children, noting that it results in physical
harm due to prolonged exposure to the sun, humidity, the discomfort of sleeping on boats,
and the possibility of suffering injuries derived from diving without protection. In addition,
children who carry out this work often use drugs and alcohol to alleviate the effects of their
workloads. 63 On this point, the Court notes that the Committee on the Rights of the Child has
established that States have a duty to protect minors against violations of children’s human
rights, which is of fundamental importance when considering the States’ obligations with
respect to the business sector. 64
60.
In view of the foregoing, and as the State has acknowledged, Honduras is responsible
for the following: a) the violation of the right to personal integrity to the detriment of the 34
divers who suffered accidents due to the deep dives they performed which caused them
decompression sickness and/or other diving-related illnesses; 65 b) the violation of the right
to life to the detriment of the 12 divers who died as a consequence of said accidents; 66 c) the
violation of the right to life to the detriment of the seven Miskito divers who died as a result
of the fire aboard the “Lancaster” boat in which they were traveling, caused by the explosion
of a butane tank; 67 and d) the violation of the right to life and the rights of the child, to the
detriment of the minor Licar Méndez Gutiérrez, who was 16 years old at the time of the
events, and who was abandoned on a cayuco on December 12, 2003 as a punishment by the
owner of the boat. Therefore, the State violated Articles 4(1), 5(1) and 19 of the American
Convention, in relation to Articles 1(1) and 2 of the same instrument.
63
International Labour Organization. Child Labour and Indigenous Peoples. The case of Honduras. Tegucigalpa,
September 2007. Page 48.
Cf. Committee on the Rights of the Child. General Comment No. 16 (2013). On State obligations regarding
the impact of the business sector on children’s rights, CRC/C/GC/16, April 17, 2013, para. 28.
64
65
Opario Lemoth Morris, Saipon Richard Toledo, Eran Herrera Paulisto, Bernardo Blackaus Emos, Alí Herrera
Ayanco, Mármol Williams García, José Martínez López, Ramón Allen Felman, Alfredo Francisco Brown, Próspero
Bendles Marcelino, Roger Gómez Alfred, Timoteo Salazar Zelaya, Timoteo Lemus Pisatty, Onasis Cooper, Flaviano
Martínez López, Carcoth Padmoe Miller, Amistero Bans Valeriano, Rolando Mónico Thomas, Ralph Valderramos
Álvarez, Ex Dereck Claro, Leonel Saty Méndez, David Esteban Bradley, Evecleto Londres Yumida, Arpin Robles
Tayaton, Daniel Flores Reyes, Freddy Federico Salazar, Cooper Crescencio Jems, Félix Osario Presby, Efraín Rosales
Kirington, Melecio Pamistan Maick, Willy Gómez Pastor, Roberto Flores Esteban, Daniel Dereck Thomas and Carlos
Castellón Cárdenas.
66
Opario Lemoth Morris, Saipon Richard Toledo, Eran Herrera Paulisto, Bernardo Blackaus Emos, Ali Herrera
Ayanco, Mármol Williams García, José Martínez López, Ramón Allen Felman, Alfredo Francisco Brown, Próspero
Bendles Marcelino, Roger Gómez Alfred and Timoteo Salazar Zelaya.
Hildo Ambrosio Trino, Andres Miranda Clemente, Lorenzo Leman Bonaparte, Bernardo Julián Trino, José Trino
Pérez Nacril, Rómulo Flores Henriquez and Amilton Bonaparte Clemente.
67
21