- 48 - THE OBLIGATION TO RESPECT AND TO ENSURE RIGHTS WITHOUT DISCRIMINATION300 AND THE DUTY TO ADOPT DOMESTIC LEGAL PROVISIONS301 Article 1(1) of the Convention establishes that: “The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.” 300 Article 2 of the Convention establishes that: “Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.” 301 302 CICIG, Report on irregular adoptions in Guatemala, p. 22 (evidence file, folio 3019). Report of the Special Rapporteur on the sale of children, child prostitution and child pornography, Ms. Ofelia Calcetas-Santos following her mission to Guatemala in July 1999, UN Doc. E/CN.4/2000/73/Add.2, para. 11 (evidence file, folio 2729), and expert opinion provided by affidavit by Carolina Pimentel González on May 16, 2017 (evidence file, folio 7280). 303 304 CICIG, Report on irregular adoptions in Guatemala, p. 81 (evidence file, folio 3078). 305 CICIG, Report on irregular adoptions in Guatemala, p. 81 (evidence file, folio 3078). 306 Cf. CICIG, Report on irregular adoptions in Guatemala, pp. 23 and 45 (evidence file, folios 3020 and 3042).

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