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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