148. In the friendly settlement agreement, the State agreed to the following: The State undertakes to carry out all relevant actions to ensure access to justice in the Mosquitia region. To this end, at a minimum, it will establish and maintain permanent and free legal counseling and representation programs through the Ministry of Labor and Social Security; it will ensure that in the processes in which Miskito persons are parties, there will be competent interpreters who not only speak the Spanish and Miskito languages, but who are also familiar with the legal procedures and the culture of the Miskito people; and it will maintain brigades and itinerant campaigns to bring the institutions of justice to all the Miskito communities. Within six months after signing this agreement, the State shall present a study on how to achieve the implementation of this measure and the timetable for its effective fulfilment. All the measures under this point of the agreement shall be implemented in accordance with Convention No. 169 of the International Labour Organization and the Convention on the Rights of Persons with Disabilities, especially Article 13, as well as the current standards derived from the application and interpretation of these instruments by the competent bodies. 149. Therefore, the Court considers that the State, in compliance with its commitment to guarantee access to justice in the Mosquitia region, must adopt measures so that its justice administration system meets the following criteria: 1) ensures the inalienable right of workers to have recourse to the competent judicial authorities to submit labor disputes of all kinds, except in cases where other means of conflict resolution are legally provided for; 2) a specialized jurisdiction with exclusive jurisdiction over labor matters, in accordance with the number of labor cases and claims; 3) the application of a gender perspective in the resolution of labor disputes; 4) the provision of a specialized procedure that takes into account the specificities of labor issues; 5) the distribution of the burden of proof, the evidentiary analysis and the grounds for judicial decisions in accordance with principles that compensate for the inequalities inherent in the world of work, such as the principle of in dubio pro operario and the principle of favorability; 6) free labor justice and 7) the guarantee of the right to a specialized defense. 160 The State must also guarantee the presence of competent interpreters and translators, who are familiar with the legal procedures and speak the Spanish and Miskito languages, in the processes in which Miskito persons are parties. C.8. Strengthening the education system in La Mosquitia 150. In the friendly settlement agreement, the State agreed to the following: The State recognizes that the educational lag in La Mosquitia is one of the sources of inequality and poverty in that region, which forces the population to work in activities that violate their dignity and put their integrity and life at risk. Consequently, the State is committed to providing free education in La Mosquitia, in accordance with the provisions of the Constitution. It will also continue to reinforce the region’s education system by strengthening the recently created the Mistruk National University of Agriculture, and will provide electrical materials to support the sustainability of a photovoltaic project at the university. Through the Ministry of Education, and with the support of the Alliance for the Development of the Honduran Mosquitia (ADMH), it undertakes to manage the allocation of funds so as to increase the budget of the education system throughout the department, and ensure that schools have adequate facilities with sufficient qualified teaching staff who speak the Miskito language. 160 Cf. Advisory Opinion OC-27/21, supra, para. 116. 52

Seleccionar párrafo de destino3