-117obligation to respect and ensure the rights and freedoms established in Article 1(1)
thereof, to the detriment the persons mentioned in paragraphs 232, 235, 236, 245,
249, 253, 260, 265, 270 and 275, as well as in the list of victims attached to this
Judgment in the terms of paragraphs 210 to 236, 242 to 270 and 272 to 275 herein.
4.
This Judgment constitutes, in and of itself, a form of reparation in the terms
of paragraphs 309 and 314 herein.
AND RULES:
Unanimously that:
5.
The State must, within one year, ensure that the injured parties enjoy the
rights or freedoms that were violated, by the actual enforcement of the orders of
amparo the non-compliance with which was declared by this Court, in the terms of
paragraphs 299 and 318 herein.
6.
The State must, in case of non-compliance with the orders directing
reinstatement of the workers to their jobs or to similar positions, reinstate, within
one year, the victims to said positions and, should this not be possible, provide them
employment alternatives where the conditions, salaries and remunerations they had
at the time they were dismissed are respected, in the terms of paragraph 299
herein. In the event that reinstatement of the workers to their jobs or to similar
positions would not be possible, the State must proceed to pay compensation for
termination of employment without just cause, in the terms of paragraphs 300 and
318 herein.
7.
The State must pay the dismissed workers with respect to whom the orders of
amparo directing their reinstatement were not complied with or their successors,
within fifteen months, a compensation for lost wages, in the terms of paragraphs
304, 307, 319, 323, 327 and 328 herein.
8.
The State must determine, under domestic laws and by the pertinent means,
who are the victims having the right to a retirement pension based on their age,
health condition or any other circumstances prescribed in the domestic laws. In the
case of deceased victims, state authorities having jurisdiction must determine, under
domestic laws and by any pertinent means, who the beneficiaries of the
corresponding death pensions are, in the terms of paragraphs 305 and 307 herein.
9.
The State must pay the dismissed workers with respect to whom the orders of
amparo directing their reinstatement were not complied with, within fifteen months,
the pertinent retirement pensions, in the terms of paragraphs 305, 307, 319, 323
and 328 herein.
10.
The State must pay the successors of the workers who may have died while
they were dismissed and with respect to whom the orders of amparo directing their
reinstatement had not been complied with, within fifteen months, the pertinent death
pensions, in the terms of paragraphs 305, 307, 320, 323 and 328 herein.
11.
The State must adopt, within fifteen months, all the measures that may be
necessary to ensure that the workers who have not been reinstated under the orders
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