Miskito Divers vs. Honduras: State, companies and human rights

Abstract

The case of the Miskito Divers (Lemoth Morris and others.) v. Honduras examines the international responsibility of the State in the violation of several rights of 42 indigenous diving workers and their families. Rights such as the right of the child, the right to health, the right to personal integrity and the right to life, in relation to the practice of private companies in dangerous activities within its territory or jurisdiction. In November 2004, several civil society organizations filed an individual petition before the Inter-American Commission on Human Rights (hereinafter, IACHR). However, the parties reached a Friendly Settlement Agreement in which the State assumed its international responsibility for the alleged violations. At the request of the representatives of the victims and the IACHR, the Inter-American Court of Human Rights decided to issue the judgment to homologate said agreement and develop jurisprudence on the subject, as requested by the parties. The Court, based on the United Nations Guiding Principles on Business and Human Rights, establishes that States parties to the American Convention must adopt measures aimed at ensuring that businesses avoid human rights violations. The Court emphasized that States must not only regulate, but also monitor and effectively enforce domestic law to prevent negative consequences in the field of human rights, since the State's responsibility goes beyond the enactment of laws; it must also ensure that such laws are properly implemented, as well as investigate, punish and redress human rights violations through effective mechanisms.