IACHR files case with IA Court concerning violations of trade union rights in Nicaragua

October 25, 2024

Washington, D.C. — On October 1, 2024, the Inter-American Commission on Human Rights (IACHR) filed Case 14.500 against Nicaragua with the Inter-American Court of Human Rights (IA Court) over the violation of the trade union rights of Elio Artola Navarrete.

Elio Artola, a plastic surgeon and union leader at Antonio Lenin Fonseca Hospital, was elected president of the hospital's union board in 2014 alongside Roberto López and Mauricio Vanegas. After the election, the new board sought certification by the Ministry of Labor, but this was refused, despite a 2015 Supreme Court ruling in their favor. Over the coming months, repeated appeals by the union to enforce the court ruling went unanswered.

According to the petitioning party, Elio Artola experienced severe physical and mental health problems as a consequence of the obstruction of his union activity. His medical reports describe how the situation triggered episodes of depression, suicidal thoughts, and chronic physical health issues such as hypothyroidism, lumbar spine problems, and Dupuytren's disease in both hands. Banned from public hospitals, he was denied essential medical care, further diminishing his quality of life.

In Admissibility and Meris Report no. 308/23, the IACHR established that Nicaragua's refusal to certify the hospital union board despite a court order to the contrary constituted a violation of Elio Artola's rights. It also left the hospital trade union without representation, thus jeopardizing the right to freedom of association and trade union rights. Furthermore, as the court ruling was not enforced for over eight years and judicial mechanisms proved ineffective, the IACHR also concluded that the State violated Elio Artola's right to effective judicial protection.

The IACHR also deemed that this lack of compliance with the ruling caused profound harm to Elio Artola's mental and physical well-being due to the dismantling of the union that he led and his inability to continue his union work. These circumstances, which the State has not contested, led the IACHR to conclude that Elio Artola's rights to personal integrity had been violated.

Based on these findings, the IACHR concluded that the State of Nicaragua is responsible for violating the rights to personal integrity, judicial guarantees, freedom of association, judicial protection, social and economic rights, and trade union rights established in articles 5, 8, 16, 25, and 26 of the American Convention on Human Rights, and article 8 of the Protocol of San Salvador in conjunction with the obligations enshrined in article 1.1 of the same instrument, to the detriment of Elio Artola, in the terms established in the report.

Consequently, the IACHR recommended that the State of Nicaragua undertake the following measures of reparation:

1. Provide redress for the violations described in the report in the form of material and moral compensation for the damages caused, and implement measures that protect Elio Artola's personal integrity.
2. Enforce the ruling of February 4, 2015, as quickly as possible by immediately certifying and registering the union board at Antonio Lenin Fonseca Hospital.
3. Adopt safeguards to prevent the recurrence of the events, ensuring that union organizations and leaders can exercise their rights freely, that the State enforces judicial rulings, and that sentences are implemented in a timely and effective manner.

The Inter-American Commission on Human Rights (IACHR) is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 262/24

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