Case of Five Pensioners v. Peru, Inter-Am. Ct. H.R. (ser. C) No. 98, ¶103 (2003).
I. CASE
Case of Five Pensioners v. Peru, Inter-Am. Ct. H.R. (ser. C) No. 98, ¶103 (2003).
II. JURISDICTION
The Inter-American Court of Human Rights
III. THEMATIC FOCUS
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Progressive development of ECSR
Regressive domestic spending policy
Individual vs. collective elements of ECSR
IV. NATURE & CONTEXT OF THE CASE
1. Procedural History
The State of Peru failed to comply with judgments of the Supreme Court of Justice and the
Constitutional Court of Peru ordering Peruvian State to pay petitioners in the amount they had
been initially receiving before the state modified its pension regime. Pensioners submitted
petition to the Inter-American Commission. The Commissioned filed the application to InterAmerican Court based on Article 51 of the American Convention, for the Court to decide
whether the State’s modification of the pension regime had violated petitioners’ rights under the
American Convention. Commission requested the Court to order the State to grant compensation
for the non-pecuniary damage caused to the alleged victims and to comply with the provisions of
the judgments of Peru’s domestic courts.
2. Parties
Former state employees Carlos Torres Benvenuto, Javier Mujica Ruiz-Huidobro, Guillermo
Álvarez Hernández, Reymert Bartra Vásquez and Sara Castro (represented in court by Marta
Altolaguirre, delegate; and Ignacio Álvarez, adviser) v. State of Peru (represented in court by
Fernando Elías Mantero, agent; and Mario Pasco Cosmópolis, deputy agent.)
3. Date
February 28, 2003
V. SUMMARY OF THE CASE
1. Background and facts