8 the beneficiaries falling into poverty.40 It should be noted that, contrary, to the ICESCR, for example, the European Social Charter disaggregates the content of the right to social security into other provisions such as “The right of employed women to protection” (Art. 8) 41 or “The right to social and medical assistance” (Art. 13).42 In this regard, the Council of Europe’s Recommendation on the promotion of human rights of older persons, adopted in 2014, is also relevant.43 d) Inter-American system of human rights: the Inter-American Court’s interpretation of Article 26 and the right to social security as an autonomous right 1. The right to social security prior to the Case of Lagos del Campo v. Peru 20. In relation to the right to social security, the Inter-American Court had referred in its case law to the pension regime. In this regard, the Court had protected this right, mainly by way of the right to property — as an “acquired right” — (Article 21 of the American Convention), the right to judicial protection (Article 25 of the Convention) or based on the right to equal protection before the law, and non-discrimination (Articles 24 and 1(1) of the Convention). 21. In the Case of the “Five Pensioners” v. Peru (2003), the Inter-American Court considered that there could be no doubt that the victims in that case had the right to a retirement pension when they ceased to work. 44 However, the Court did not analyze the true nature of the right – as part of social security — rather, it analyzed the pension regime in light of the right to property. To this end, it determined, first, that pensions may be considered an ECSR, Cf. Finnish Society of Social Rights v. Finland, Decision on the Merits, Complaint No. 88/2012, Decision of September 9, 2014, paras. 57 and 59 and Unione Italiana del Lavoro U.I.L. Scuola-Sicilia v. Italy, Complaint No. 13/2014, Decision on the merits, Decision of January 24, 201, para. 52 40 “With a view to ensuring the effective exercise of the right of employed women to protection, the Contracting Parties undertake: (1) to provide either by paid leave, by adequate social security benefits or by benefits from public funds for women to take leave before and after childbirth up to a total of at least 12 weeks; (2) to consider it as unlawful for an employer to give a woman notice of dismissal during her absence on maternity leave or to give her notice of dismissal at such a time that the notice would expire during such absence; (3) to provide that mothers who are nursing their infants shall be entitled to sufficient time off for this purpose: (a) to regulate the employment of women workers on night work in industrial employment; (b) to prohibit the employment of women workers in underground mining, and, as appropriate, in all other work which is unsuitable for them by reason of its dangerous, unhealthy, or arduous nature.” 41 “With a view to ensuring the effective exercise of the right to social and medical assistance, the Contracting Parties undertake: (1) to ensure that any person who is without adequate resources and who is unable to secure such resources either by his own efforts or from other sources, in particular by benefits under a social security scheme, be granted adequate assistance, and, in case of sickness, the care necessitated by his condition; (2) to ensure that persons receiving such assistance shall not, for that reason, suffer from a diminution of their political or social rights; (3) to provide that everyone may receive by appropriate public or private services such advice and personal help as may be required to prevent, to remove, or to alleviate personal or family want; (4) to apply the provisions referred to in paragraphs 1, 2 and 3 of this article on an equal footing with their nationals to nationals of other Contracting Parties lawfully within their territories, in accordance with their obligations under the European Convention on Social and Medical Assistance, signed at Paris on 11th December 1953.” 42 Recommendation CM/Rec (2014) of the Committee of Ministers to member States on the promotion of human rights of older persons. Adopted by the Committee of Ministers on February 19, 2014, at the 1192nd meeting of the Ministers’ Deputies. According to the first point of the appendix: “1. The purpose of the present recommendation is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all older persons, and to promote respect for their inherent dignity. 43 Case of the "Five Pensioners" v. Peru. Merits, reparations and costs. Judgment of February 28, 2003. Series C No. 98, para. 94. 44