living,” 45 which the Charter develops more specifically. 46 Thus, for example, the European Committee on Social Rights has also indicated that the concept of “remuneration” refers to the “consideration that an employer pays to his or her employee for the work carried out,” which may also include “special premiums and bonuses.” 47 31. In this specific case, establishing a link between the importance of the remuneration and the wages -as an integral part of the right to work- and the violation of the right to a reasonable time of a sub-group of 2,317 maritime and port workers who continued to claim additional amounts that they were owed, the Court concluded that this had an impact on the right to the full payment of their remuneration, which impacted on their right to work and to receiving a fair and previously agreed upon salary. Moreover, in applying this differential focus, the Court complemented its conclusion by stressing that the harm (infringement of those rights) had a greater impact “due to their age, most of them between 80 and 90 years of age and the fact that, unfortunately, more than 800 victims […] have died without having been able to properly effectuate their right.” 48 IV. CONCLUSIONS 32. Although regarding a different area, the Independent Expert on the enjoyment of all the human rights of older persons has stated that “there is a serious gap in the data to capture the lived realities of older persons and the enjoyment of their human rights. This lack of significant data and information on older persons is, per se, an alarming sign of exclusion and renders meaningful policy making and normative actions practically impossible.” 49 What the Independent Expert recognizes is that there is not sufficient input to visibilize the reality felt by older persons. 33. In this context, the effort to jurisprudentially construct the rights and focusses that belong to older persons (as well as the aforementioned impacts) is none other than to visibilize the particular situation of this group in our region. Curiously, the contentious cases regarding older persons heard by the Court (except Poblete Vilches) concern the failure to execute judgments that recognize rights (pensions or social security), but those rights do not materialize for the beneficiaries, which constitutes, as has been embodied in this judgment, a serious lack of compliance of the obligations assumed by the States under the American Convention. 34. As we have attempted to demonstrate, the Court’s case law has, since 2018, slowly developed diverse standards in favor of older persons. A short summary of that record could be condensed into three core aspects: (i) age as a category of special protection for older persons (Poblete Vilches, 2018); (ii) the right to a “preferential treatment” (Teachers of Part I, No. 4 of the European Social Charter. Article 4. Right to a fair remuneration. To ensure the effective exercise of the right to a fair remuneration, the Parties undertake: “1 to recognize the right of workers to a remuneration such as will give them and their families a decent standard of living; 2 to recognize the right of the workers to an increased rate of remuneration for overtime work, subject to exceptions in particular cases; 3 to recognize the right of men and women workers to equal pay for work of equal value; 4 to recognize the right of workers to a reasonable period of notice for termination of employment; 5 to permit deductions of wages only under conditions and to the extent prescribed by national laws or regulations or fixed by collective agreements or arbitration awards. The exercise of these rights shall be achieved by freely concluded collective agreements, by statutory wage-fixing machinery, or by other means appropriate to national conditions. 47 Cf. European Committee of Social Rights, Complaint, 37/2006. European Council of Police Unions (CESP) v. Portugal, December 2, 2007, para. 21. 48 See, Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary Objections, Merits and Reparations. Judgment of February 1, 2022, paras. 108-110. 49 Cf. UN, Report of the Independent Expert, rights of the aged persons: the data gap, 2020, para. 19. 45 46 8