SEPARATE OPINION OF JUDGE EDUARDO FERRER MAC-GREGOR POISOT CASE OF THE NATIONAL FEDERATION OF MARITIME AND PORT WORKERS (FEMAPOR) v. PERU JUDGMENT OF FEBRUARY 1, 2022 (Preliminary Objections, Merits and Reparations) I. INTRODUCTION: THE “REINFORCED STANDARD OF EXPEDITIOUSNESS” FOR OLDER PERSONS IN THE EXECUTION OF JUDGMENTS AND WAGES AS PART OF THE RIGHT TO WORK 1. This is not the first time that the Inter-American Court of Human Rights (hereinafter “the Court”) has ruled on the rights of older persons. Nevertheless, I believe it relevant to present this opinion to emphasize the manner in which the rights of older persons are slowly, but each day more apparent in the inter-American region, especially since Poblete Vilches v. Chile in 2018. 1 There has been a belated recognition of a differentiated focus of the rights of this group of persons in all geographical areas and now is the time to visibilize the special situation of vulnerability of older persons. 2. It is my belief that National Federation of Maritime and Port Workers (FEMAPOR) v. Peru convincingly underscores and crystallizes the impact that a lack of a guarantee of social rights has on older persons, especially as a result of the failure to enforce domestic judgments. I particularly wish to bring to light the manner in which inter-American jurisprudence and norms are being gradually broadened to the point of identifying “age” as a category, derived from Article 1(1) of the Convention, that protects older persons from acts of discrimination. 3. An aspect of this judgment that should not be ignored is the special attention that the Court devotes to the span of ages of the victims, which ranges between 70 and 90 years of age, 2 the great majority of them being between 80 and 90 years of age, and the fact that, unfortunately, more than 800 of them have died without having been able to effectuate their rights, which is not surprising since the life expectancy in Peru is 77 years of age.” 3 4. These reflections complement those that I developed in 2019 in my concurring opinion in Muelle Flores v. Peru, where I put forward the importance of a differentiated perspective in the execution of decisions that guarantee social rights (in that case, the right to social security). 4 Although the instant case concerns the failure to execute domestic decisions on the right to work, it contains, as I mentioned, some elements that more emphatically identify older persons as a socially vulnerable group. 1 No. 349. Case of Poblete Vilches et al. v. Chile. Merits, Reparations and Costs. Judgment of March 8, 2018. Series C 2 Cf. Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary Objections, Merits and Reparations. Judgment of February 1, 2022, paras. 65 and 102. 3 Cf. Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary Objections, Merits and Reparations. Judgment of February 1, 2022, para. 102 and footnote 109: World Bank, Life expectancy at birth. Available at: https://datos.bancomundial.org/indicador/sp.dyn.le00.in?locations=PE 4 Separate opinion in Muelle Flores v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment of March 6, 2019. Series C No. 375, paras. 44 to 68. 1