-102affairs has even led to the death of many alleged victims, “and up to the
present time, their families have not been recognized the right to the surviving
family pension on the death of the pensioner guaranteed by the international
instruments for human rights protection;”
h)
that he requests the Court to take into account that the violations to the
Labor and Social Security human rights of “Julio Acevedo-Jaramillo and his
other fellow workers, formerly employed by the Municipality of Lima and
members of the SITRAMUN–Lima, not only encompass a significantly large
group of persons (approximately 2,000), but are clearly representative of a
pattern of similar violations that took place in Peru between years 1990 and
2000;”
i)
as a consequence of the violation of said rule, the State also breached
its obligation to respect the rights and freedoms recognized in the Convention,
as well as its duty to ensure to all persons subject to its jurisdiction the free
and full exercise of those rights and freedoms. Besides, the State has violated
the right to work and to have a fair remuneration, recognized in Articles XIV
and XVI of the American Declaration, which is related to the duty of
progressive development guaranteed in Article 26 of the Convention; and
j)
the application of Decree Law No. 26,093 and Law No. 26,553, which
granted the incumbents of the Ministries, of the Decentralized Public Entities
and of Local Governments, extraordinary powers to order the implementation
of the Staff Assessment Programs, thus empowering them to decide the
massive dismissal of their workers, which was contrary to the domestic labor
laws then in force. The first one of said rules violated the right to work and the
labor rights recognized in the Political Constitution of 1979 and the then
applicable common legal rules; on the other hand, the second law violated the
labor guarantees incorporated to the new constitution of 1993, therefore, the
Stated violated Article 2 of the Convention, to the detriment of the SITRAMUN
workers.
284.
Arguments filed by the State
The State argued that it did not violate any obligation set forth in the Convention.
Considerations of the Court
285. The Court shall not analyze the alleged violation of Article 26 of the Convention
since it has already referred to the serious consequences of the non-compliance with
the judgments within the framework of the labor rights contemplated in said
judgments (supra para. 278).
*
*
*
286. The Court does not deliver an opinion on the alleged violation of Article 2 of the
Convention argued by the common intervener as a consequence of the application of
Decree Law No 26,093 and Law No. 26,553 (supra para.283(j)), since it would involve
an analysis of some facts that are not part of the issues disputed in the instant case.
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