IACHR Welcomes Full Compliance with the Friendly Settlement Agreement in Case 12,182—Florentino Rojas, Argentina

June 30, 2023

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Washington, D.C. – The Inter-American Commission on Human Rights (IACHR) has decided to declare full compliance with friendly settlement report 109/13, concerning Case 12,182—Florentino Rojas, Argentina—and will stop monitoring it. This case concerns the international responsibility of the State of Argentina for denying a military disability pension to Florentino Rojas. On July 7, 1973, Rojas had an accident that left him with a permanent physical disability of 85% while he was back home following a shift in mandatory military service.

On November 23, 2009, the parties signed a friendly settlement agreement that was approved by the IACHR on November 5, 2013. During the process to verify the implementation of this agreement, the Commission assessed the measures taken by the Argentine State to ensure compliance with the commitments it had made. The IACHR found that the State had provided nationwide medical care coverage, a wheelchair, and two walking sticks to Rojas. Rojas was also granted financial assistance in the form of an adjustable living allowance, as well as a monthly pension. The State further paid the legal fees incurred by Rojas in international litigation.

The most significant aspects of this agreement include the money given by the State to Florentino Rojas for the construction of a home that suits his needs and disability in the area where he currently lives (to prevent a deterioration of his personal ties). Rojas was also granted a monthly subsidy, to enable him to pay for the permanent care he needs to conduct his daily life at home.

The Inter-American Commission closely followed the implementation of this friendly settlement and commended both parties on their efforts in negotiations and during the monitoring stage of the agreement. Based on information provided by the parties, the IACHR declared that full compliance had been attained and ended its supervision of compliance with this friendly settlement agreement.

The Commission commends the Argentine State on its efforts to solve cases that are taken before the petition and case system through the friendly settlement mechanism and on its work to achieve full implementation of this agreement. The Commission further congratulates the petitioning party for all its efforts to take part in negotiations and to promote this friendly settlement.

Please click here to access the technical information sheet for this case.

A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.

No. 143/23

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