38
100.
101.
Regarding Article 1(1) of the Convention, the State alleged that:
(a)
Even though it could be understood that the mere issuance of article 9
of Decree Law No. 25640 and article 27 of Resolution 1239-A-92CACL
was incompatible with the Convention, it could also be understood that
constitutional and legal provisions were in force that allowed the
dismissed employees to opt for the appropriate proceeding. This is
illustrated by two cases of former employees who filed the
corresponding judicial action within the legal time period and were
reinstated in Congress with recognition of their accrued earnings from
the date of the irregular dismissal, and
(b)
Essentially, the said provisions did not prevent the dismissed
employees from exercising their right to file an action for amparo or an
action under administrative law and for this to be admitted, provided
they filed the respective recourse within the legal time limit.
Lastly, in relation to Article 2 of the Convention, the State alleged that:
(a)
Even though, in theory, a norm may violate the said Article and it
could be considered that the promulgation of the norms that are being
examined in this case violated this article, the Court should consider
that the State’s laws have been adapted to the Convention. Thus,
article 9 of Decree Law No. 25640 was annulled by Act No. 27487;
(b)
If the alleged victims had filed the application for amparo within the
legal time limit, the judge would have applied the diffuse control of the
constitutionality of the laws, which was in force in the Constitution;
thus, he would have ruled on the merits of the matter and not applied
this article, and
(c)
In this case, laws and administrative provisions were adopted ordering
a review of the collective dismissals in order to provide the employees
who had been dismissed irregularly with the possibility of claiming
their rights.
The Court’s findings
102.
Article 1(1) of the Convention establishes:
1. 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.
103.
Article 2 of the Convention stipulates 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.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos