consists in the amount of the pension for disability of persons who depend on this benefit, 15
and those in which the petitioner is an older person who suffered physical injuries and claims
damages for them. 16 With specific regard to pensions, the Inter-American Court has held that
“a special diligence is necessary in employment disputes, which include pension disputes." 17
24. A generational perspective must be considered when evaluating the special vulnerability
of the victims who, due to their advanced age, would also require a protection that takes into
account this characteristic when acting. In Poblete Vilches at al. v. Chile, the Court stressed
that aged persons have the right to an increased protection, which requires differentiated
measures. 18
25. Finally, mention should be made of the recent precedent of Teachers of Chañaral and
other municipalities v. Chile in which the Court also recognized the vulnerability of older
persons who seek access to justice. Therefore, in the instant case the Court held the State
responsible for violations of Articles 8(1), 21, 25(1) and 25(2)(c) of the Convention due to
the unjustified delay in complying with the judgment, which was a violation of judicial
guarantees. The Court particularly bore in mind that the victims were of an advanced age and
that many of them had died. The wait of more than 25 years for those decisions to be executed
demonstrated that the State did not recognize its reinforced duty to guarantee due diligence
regarding access to justice of older persons and the expeditiousness of the proceedings in
which this vulnerable population participates. 19
Ricardo Pérez Manrique
Judge
Pablo Saavedra Alessandri
Registrar
Cf. ECHR, Case of Mocié v. France, April 8, 2003, para. 22.
Cf. ECHR, Case of Codarcea v. Romania, June 2, 2009, para. 89
17
Cf. ECHR, Case of Borgese v. Italy, January 24, 1992, para. 18
18
Cf. Case of Poblete Vilches et al. v. Chile. Merits, Reparations and Costs. Judgment of March 8, 2018. Series
C No. 349., para. 127.
19
Cf. Case of Teachers of Chañaral and other municipalities v. Chile. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 10, 2021. Series C No. 443, paras. 192 and 193.
15
16
6