obtaining this by naturalization as a result of the decision of the Guatemalan
Constitutional Court, we consider that this establishes a less restrictive measure because
it allows foreigners to exercise the notarial function when they have become naturalized
Guatemalans, rather than completely denying them access to the exercise of this
profession; thus, it constitutes a less onerous restriction. We consider that the State’s
decision was not based on a regulation issued specifically and deliberately to be applied
to the alleged victim with a discriminatory purpose due to his condition as a foreigner,
or owing to his national origin, and we therefore conclude that the requirement of
nationality by naturalization contained in article 2(1) of the Notarial Code of Guatemala
is an objective and reasonable requirement that responds to the particular
characteristics of the Guatemalan notary.
11.
Based on the above, we conclude that the restriction imposed by the State is legitimate,
complies with international standards, and does not violate Article 24 of the American
Convention on Human Rights in relation to Articles 1(1) and 2 of this instrument.
Nancy Hernández López
Judge
Patricia Pérez Goldberg
Judge
Pablo Saavedra Alessandri
Registrar
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