69 157. Lastly, the Court considers that it is not necessary to deliver a ruling on the alleged violation of Article 8 of the Convention, because the file contain insufficient evidence in this respect. XI NON-COMPLIANCE WITH ARTICLES 1(1) AND 2 (OBLIGATION TO RESPECT RIGHTS AND DOMESTIC LEGAL EFFECTS) The arguments of the Commission 158. that: Regarding Articles 1(1) and 2 of the Convention, the Commission alleges a) The violations of Articles 21, 25 and 26 of the Convention committed by Peru to the detriment of the five pensioners, imply that the State did not comply with the general obligation to respect the rights and freedoms and to ensure their free and full exercise; and b) When it promulgated and applied article 5 of Decree Law No. 25792, the State violated the rights embodied in Articles 21 and 26 of the Convention. The State did not take adequate measures in domestic law to make effective the rights embodied in the Convention, thus violating the general obligation stipulated in Article 2 thereof. The arguments of the representatives of the alleged victims and their next of kin 159. Regarding Articles 1(1) and 2 of the Convention, the representatives of the alleged victims and their next of kin allege that: a) As a consequence of the violation of the rights embodied in Articles 8(1), 21, 25 and 26 of the Convention, the State also violated the obligation to respect the rights and freedoms recognized in the Convention and the obligation to ensure their free and full exercise to all persons subject to its jurisdiction; and b) With the adoption of article 5 of Decree Law No. 25792 and while it was in force, Peru disregarded the obligation to adapt its domestic legislation to the Convention, pursuant to the provisions of Article 2 thereof. The arguments of the State 160. The State did not refer expressly to the alleged non-compliance with Articles 1(1) and 2 of the American Convention. The considerations of the Court 161. 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.

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