38 100. 101. Regarding Article 1(1) of the Convention, the State alleged that: (a) Even though it could be understood that the mere issuance of article 9 of Decree Law No. 25640 and article 27 of Resolution 1239-A-92CACL was incompatible with the Convention, it could also be understood that constitutional and legal provisions were in force that allowed the dismissed employees to opt for the appropriate proceeding. This is illustrated by two cases of former employees who filed the corresponding judicial action within the legal time period and were reinstated in Congress with recognition of their accrued earnings from the date of the irregular dismissal, and (b) Essentially, the said provisions did not prevent the dismissed employees from exercising their right to file an action for amparo or an action under administrative law and for this to be admitted, provided they filed the respective recourse within the legal time limit. Lastly, in relation to Article 2 of the Convention, the State alleged that: (a) Even though, in theory, a norm may violate the said Article and it could be considered that the promulgation of the norms that are being examined in this case violated this article, the Court should consider that the State’s laws have been adapted to the Convention. Thus, article 9 of Decree Law No. 25640 was annulled by Act No. 27487; (b) If the alleged victims had filed the application for amparo within the legal time limit, the judge would have applied the diffuse control of the constitutionality of the laws, which was in force in the Constitution; thus, he would have ruled on the merits of the matter and not applied this article, and (c) In this case, laws and administrative provisions were adopted ordering a review of the collective dismissals in order to provide the employees who had been dismissed irregularly with the possibility of claiming their rights. The Court’s findings 102. Article 1(1) of the Convention establishes: 1. 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. 103. Article 2 of the Convention stipulates 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.

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