102
declared that the conventional inter-American rule could not be applied since
it was not of constitutional hierarchy, thus placing international human rights
treaties on a second category level. There was also non compliance with the
rule under Article 1(1), since there was no reparation to the 270 workers for
being arbitrarily dismissed; and
b)
In ignoring that the observance of the Convention is mandatory, the
Supreme Court neglected its duty as the maximum jurisdictional body of a
State, to comply and ensure compliance with said treaty, as well as the duty
to adjust its judicial decisions to the rules of domestic law and those of the
Convention.
Arguments of the State
175. For its part, the State expressed that it did everything within its power to
ensure and observe the rights enshrined in the Convention, for which reason it did
not violate Article 1(1) thereof.
*
*
*
Considerations of the Court
176.
Article 1(1) of the Convention establishes that
[t]he 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.
177.
For its part, Article 2 of the Convention determines 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.
178.
The Court has established that
[a]rticle 1(1) is essential in determining whether a violation of the human rights
recognized by the Convention can be imputed to a State Party. In effect, that article
charges the States Parties with the fundamental duty to respect and guarantee the
rights recognized in the Convention. Any impairment of those rights which can be
attributed under the rules of international law to the action or omission of any public
authority constitutes an act imputable to the State, which assumes responsibility in the
terms provided by the Convention.
According to Article 1(1), any exercise of public power that violates the rights recognized
by the Convention is illegal. Whenever a State organ, official or public entity violates one
of those rights, this constitutes a failure of the duty to respect the rights and freedoms
set forth in the Convention.
This conclusion is independent of whether the organ or official has contravened
provisions of internal law or overstepped the limits of his authority. under international
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