2023-11-28 22:04:45
San José, Costa Rica, November 27, 2023.-
In accordance with the provisions of the Resolution to supervise compliance with the judgment issued by the Court on November 21, 2023, Costa Rica complied with executing all the reparations ordered in the Judgment of June 22, 2022. Therefore, the Court Interamericana decided to conclude the case and archive it.
On June 22, 2022, the Inter-American Court of Human Rights issued a Judgment, through which, taking into account the recognition of international responsibility made by the Republic of Costa Rica, it declared it internationally responsible for the violation of the rights to equality before the law, the prohibition of discrimination in employment, judicial guarantees and judicial protection, to the detriment of Mr. Luis Fernando Guevara Díaz.
The aforementioned violations occurred within the framework of Mr. Guevara Díaz’s participation in a competition held in 2003 by the Ministry of Finance for the “property appointment” of the position of “Miscellaneous Worker 1”, whose functions the victim had been performing. on an interim basis since June 2001. The Court determined that in said competition Mr. Guevara Díaz was discriminated against based on his intellectual disability, since even though he obtained the “highest qualification among the candidates” and had the experience and requirements to the appointment, the content of the letters signed by the Head of the Maintenance Area and the General Coordinator of the Technical Unit of Supply and General Services demonstrated that “the reason why he was not chosen for [dicho] position […] “It was based on his status as a person with a disability.” Mr. Guevara Díaz was not selected in the competition and his appointment as interim official ceased on June 16, 2003.
This “constituted an act of direct discrimination in access to employment and, therefore, a violation of Mr. Guevara’s right to work,” as well as a violation of his right to remain in employment.
Due to the aforementioned violations, the Court ordered in its Judgment the following five measures of reparation:
adopt all necessary measures so that the victim is appointed to a position of equal or higher hierarchy than the one for which he or she competed, or to another position that suits his or her abilities and needs. This reparation was fulfilled by the State through the payment of the restorative compensation established in the Judgment, based on the decision of Mr. Guevara Díaz not to be appointed to any position; carry out the publications and dissemination of the Judgment and its official summary ordered in paragraph 92 of the Judgment; create and implement, over a period of three years, a training plan for officials of the Ministry of Finance on equality and non-discrimination of people with disabilities; pay the victim the amounts established in the Judgment by concept of compensation for pecuniary damage and non-pecuniary damage, and pay the representative of the victim the amount established in the Judgment for the reimbursement of costs and expenses.
Compliance Supervision
In the compliance supervision stage, the Court found in the Resolution of November 21, 2023 that Costa Rica fully complied with the five reparation measures ordered in the Judgment. Consequently, the Court declared this case closed, and positively highlighted the efforts made by Costa Rica to comply with all reparations within the deadlines established in the Judgment.
Currently, Costa Rica does not have any cases in the monitoring stage of compliance with the sentence. The six cases against Costa Rica in which the Court has issued Judgments that ordered reparation measures are archived due to full compliance with them.
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