ensure access to health care and guarantee income security, particularly in the event of old
age, unemployment, sickness, invalidity, work injury, maternity or loss of a breadwinner. 120
Similarly, taking the position of the Committee on Economic, Social and Cultural Rights, 121
the Court has considered that, although the elements of the right to social security may vary
according to different conditions, this right must be ensured in accordance with the principles
of availability and accessibility, covering the relevant social risks and contingencies, and that
the benefits must be adequate and must be considered in relation to other rights. 122
91.
The Court highlights the fact that the Committee on Economic, Social and Cultural
Rights, in General Comment No. 19, stated that the right to social security requires the
establishment and operation of a system to ensure that benefits are provided for the relevant
social risks and contingencies. The social security system must encompass health care, so
that all persons have adequate access to health services; this should also include access to
preventive and curative measures. Similarly, States should ensure the protection of workers
who are injured in the course of their employment or other productive work and, in this
regard, they must provide adequate support to persons with disabilities. Benefits, whether in
cash or in kind, must be adequate in amount and duration so that everyone may exercise his
or her rights. 123
C.3.3. Impairment of the right to health and social security in the specific case
92. In the instant case, as was acknowledged by the State, the Court notes that none of the
34 victims who suffered diving accidents were taken immediately to receive medical treatment
by the captains of the boats on which they worked. 124 This, despite the fact that they
presented symptoms such as dizziness or loss of mobility in their extremities after deep dives.
Such situations occurred without the State conducting inspections to verify that the boats had
the necessary means to provide immediate medical attention on board, despite the fact that
the Fishing Regulations established this obligation. 125 The Court further notes that the State
failed to take action to ensure that divers would receive such treatment when they had diving
accidents, such as the installation of an ambulance boat or a health center to attend to the
consequences of these accidents, even though it was aware of the problems faced by divers
and the need to take steps to provide medical treatment for those who suffered accidents. 126
Cf. Case of Muelle Flores v. Peru, supra, para. 185, and Case of the National Association of Discharged
and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra, para.
169, and ILO, “Facts on Social Security”, publication of the International Labor Office, Geneva, Switzerland, June 6,
2003.
120
121
Committee on Economic, Social and Cultural Rights. General Comment No. 19. The Right to Social Security
(Article 9), February 4, 2008, paras. 9 to 28.
Cf. Case of Muelle Flores v. Peru, supra, para. 187, and Case of the National Association of Discharged
and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, supra, para.
170.
122
123
Cf. UN, Committee on Economic, Social and Cultural Rights, General Comment No. 19, The Right to Social
Security (Article 9), February 4, 2008, para. 11, 13, 17, 21 and 22.
Occupational Health and Safety Regulations for Underwater Fishing. The regulations state the following: Article
6.- All employers are required to: “[t]ransfer workers immediately and appropriately from the fishing vessel to the
nearest hospital or medical center in the event of occupational risk or any other situation affecting the health of
workers.”
124
125
Occupational Health and Safety Regulations for Underwater Fishing, Article 6. The regulations state the
following: Article 6- All employers are required to: [i]nstall on fishing vessels basic first aid equipment and to carry
essential medicines and treatment materials at all times.
126
In its Merits Report, the Inter-American Commission stated that in 2002, the Ministries of Labor and Social
Security and of the Interior and Justice, held a meeting with the AMHBLI in which they discussed the need for the
State to deploy an ambulance boat, which did not occur. Likewise, the Commission observed that in the claims filed
32