17.
The petitioner requests that the State of Guatemala be held
responsible for infringement of the rights enshrined in Articles 26 (as they relate to
Articles 6 and 7 of the Protocol of San Salvador); 20, and 24 of the American
Convention; all in conjunction with Articles 1.1 and 2 of said international instrument.
Regarding the alleged violation of Article 2 of the American Convention, he states
that it is necessary to amend the provisions of the national code restricting the
exercise of the notarial profession to Guatemalans and that they should be declared
inapplicable. Therefore, he requests that the State of Guatemala be ordered to
authorize his qualification as a public notary, as well as the payment of appropriate
compensation.
18.
He contends that it is the duty of States to ensure the protection of
this principle for all persons under their jurisdiction, regardless of nationality, race,
or ethnicity. This is an essential concept because it is based on the premise that
human rights protections derive from the attributes of the individual person and not
from his or her citizenship in a particular State.
19.
He states that this principle has also been firmly recognized in the
American Declaration and the American Convention, as well as other international
treaties, which guarantee the rights enshrined in them to all persons without
discrimination as to sex, language, religion, national or social origin, or any other
condition. He therefore maintains that human rights commitments require equal
treatment and stand in the way of unreasonable protectionist restrictions, which
means the CANG must accept eligible applicants as "notaries" even if they are not
Guatemalan citizens.
20.
He indicates that in the case of notaries in Guatemala, there is no
legitimate distinction or reasonable justification for a citizenship requirement.
Moreover, Guatemala even accepts notaries from other countries under international
treaty, by virtue of its May 1925 ratification of the Regional Convention on the
Recognition of Studies. He states that there is no justification nowadays for
maintaining discriminatory practices, in view of the constitutional obligation of
nondiscrimination.
21.
He states that Article 9 of the Declaration on the Human Rights of
Individuals Who Are Not Nationals of the Country in Which They Live, adopted by the
General Assembly in its resolution 40/144 of December 13, 1985, establishes that
"no alien shall be arbitrarily deprived of his or her lawfully acquired assets." The
Universidad de San Carlos de Guatemala awarded him the degree of notary, and he
maintains that refusing to admit the degree is a discriminatory and arbitrary act
based on nationality and that the CANG therefore must respect the award by the
Universidad de San Carlos and not deprive him of his degree of Notary.
22.
Regarding his labor rights, he states that in the inter-American
system, these rights, like human rights, are protected by the principles of equal
protection of the law and nondiscrimination. Guatemalan labor law requires
interpretation in favor of the worker, in this case regardless of his or her nationality,
so that it is still interpreted in favor of the worker. Article 6 of the Labor Code reads,
"An individual's right to work may be limited only by decision of the competent
authority, which decision must be based on the law and dictated by reasons of public
order or national interest. Consequently, no one may prevent another from engaging
in the lawful trade or activity of his or her choosing."
23.
Lastly, he states that it is an infringement to require him to change
his citizenship, since this restricts his right to a nationality recognized in Article 20 of
the American Convention. A change in citizenship should be the voluntary choice of
the individual.