IX OPERATIVE PARAGRAPHS 168. Therefore, THE COURT DECIDES, Unanimously: 1. To dismiss the preliminary objection regarding the “fourth instance”, pursuant to paragraphs 20 and 21 of this judgment. 2. To dismiss the preliminary objection regarding the failure to exhaust domestic remedies, pursuant to paragraphs 25 and 26 of this judgment. DECLARES, Unanimously, that: 3. The State is responsible for the violation of the rights recognized in Articles 8(1), 8(2)(b), 8(2)(c) and 25 of the American Convention, in relation to Articles 1(1) and 2 of this instrument, to the detriment of the 65 persons listed in the Single Annex, pursuant to paragraphs 62 to 90 of this judgment. By six votes in favor and one against, that: 4. The State is responsible for the violation of the right to strike, to freedom of association, to freedom to organize and the right to work and to job security, recognized in Articles 16 and 26 of the American Convention on Human Rights, in relation to the obligation to respect and guarantee these rights and the duty to adopt provisions of domestic law, recognized in Articles 1(1) and 2 thereof, to the detriment of the 65 individuals listed in the Single Annex, pursuant to paragraphs 99 to 134 of this judgment. Dissenting, Judge Eduardo Vio Grossi. AND ESTABLISHES, Unanimously, that: 5. This judgment constitutes, per se, a form of reparation. 6. The State shall issue the publications indicated in paragraph 143 of this judgment. 7. The State shall adapt its regulations regarding the remedy, procedure and judicial competence for challenging the declaration of illegality of a strike, pursuant to paragraph 144 of this judgment. 8. The State shall pay the amounts established in paragraphs 156 and 158 of this judgment as compensation for pecuniary and non-pecuniary damage, pursuant to paragraphs 162 to 167 of this judgment. 44

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents