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

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