50 (b) Regarding measures of satisfaction and guarantees of non-repetition, they asked the Court to order the State to: i. Reinstate the alleged victims in their habitual posts or in similar ones at the same level, if appropriate. In this regard, they stated that the alleged victims did not consider it fair, lawful or in keeping with the standards defined in the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social and Cultural Rights that they should have to endure a new judicial proceeding – as requested by the Commission – so that, following an extended period of time, the expenditure and setbacks of many different types that this represents, an evident and manifestly illegal deprivation of their jobs is once again reviewed. This criteria would be a step backwards in the interpretative standards advocated by the Commission on other occasions; ii. Acknowledge publicly its international responsibility for the alleged arbitrary dismissal of the 257 congressional employees and present a public apology to them and their next of kin. This act should be carried out by the President of the Congress of the Republic and the Minister of Justice, in the presence of the most senior State authorities and should be published by the media in general and, in particular, broadcast on the State’s radio and television system; iii. Publish at least once, within a reasonable time, in the official gazette and in another newspaper with widespread national circulation, the operative paragraphs and the proven facts of the judgment; iv. Remove the provisions on which the human rights violations in this case were based. In that regard, modify article 9 of Decree Law No. 25640 and article 27 of Resolution No. 1239-A-92CACL, to make them with compatible with the American Convention and avoid the repetition of situations such as those of the instant case, and v. The State should adapt its domestic labor laws to the contents of the international conventions and treaties signed by Peru, including reform of the constitutional framework for the protection of labor-related human rights and, in particular, by completing the reform of the norms on individual and collective labor relations by adopting a new General Labor Act, in harmony with the international standards defined by the International Labor Organization. (c) Regarding measures of rehabilitation, they asked the Court to order the State to: i. ii. Ensure that the alleged victims who had arbitrarily lost their jobs more than 12 years’ ago could, in future, exercise their professional capabilities, in accordance with the advances and changes produced in their different disciplines and occupations, so that their reinstatement was not merely a formality; Implement a comprehensive program of professional rehabilitation for all the alleged victims, and

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos