4 was not declared groundless, but that the Constitutional Bench dismissed the case following a study of its merits. 14. The petitioners conclude by asserting that the main cause for the dismissal of the alleged victim was his disability and that therefore his human rights under domestic law, the American Convention on Human Rights, and its Additional Protocol were violated. They add that it is insufficient that polices and laws be created to eliminate discrimination, but that specific actions must be taken to eliminate it. B. Position of the State 15. The State indicates that Mr. Luis Fernando Guevara Díaz was hired for Job No. 010179, on an interim basis, by the Finance Ministry on June 4, 2001, as a miscellaneous worker (assigned to general services) in what was at that time called the “Finance Ministry’s Technical Unit for Provisioning and Services”. It asserts that in 2002 the office of human resources of the Finance Ministry opened an external competitive process No. 01-02 for the purpose of filling a series of vacant positions, one of which was the aforementioned Job No. 010179 which, as has been stated, was held on an interim basis by the alleged victim. The State explains that on March 18, 2002 Mr. Guevara entered the aforementioned competitive process for the job classes of miscellaneous worker 1 and 2, as well as for the position of concierge. 16. The State asserts that for the competitive process it adhered to regulations that address workers that have some degree of disability, having given special tests to the alleged victim,8 on which he scored 78.97 points on tests for general services workers and was therefore included in selection list No. 16-2003 of March 6, 2003. The State affirms that this list of candidates was submitted for consideration by the Coordinator of the Technical Unit for Provisioning and Services for the purpose of proceeding with the interview round, which took place on March 31, 2003, after which the winning candidate was appointed. 17. The State explains that the selection was carried out in accordance with Article 27 of the Civil Service Statute9 and underscores that the selection is influenced by “the discretionary power of the authorized head who is not obliged to choose the candidate with the highest score, given that the three candidates on the list are interviewed under equal conditions.” The State adds that as for the time Mr. Guevara Díaz worked on an interim basis for the Finance Ministry, that period does not determine acquisition of the regular position, as was established by the Constitutional Bench of the Supreme Court.10 8 Tests prepared specifically for the miscellaneous worker and mini-multi questions. The state indicates that these tests were duly evaluated by the psychologist of the Technical Unit for Medical Services in the Finance Ministry. 9 The State asserts that Article 27 of the Civil Service Statute establishes that: “The Minister of authorized Head shall choose the new employee from among the top three from the list of eligible candidates submitted by the General Civil Service Division, unless he/she has sufficient reason to object to them […]. When a candidate on the list has been sent three times to the same Ministry and lesser-qualified candidates have been chosen, the Minister of Head shall give to the General Civil Service Division the reasons for not having chosen that candidate.” 10 The State cites the jurisprudence of the Constitutional Bench of the Supreme Court, which has set forth: “(…) In an infinite number of cases the Bench has held that the fact that a servant has been appointed on an interim basis for several years, to perform a particular job of interest to him or her does not by virtue constitute any acquired right in his or her favor that obliges the Administration to appoint him or her as the holder of that position or any other, given that the right to occupy a public position cannot be acquired by the simple passing of time or by having held other similar posts for a certain period, but rather by having proven to have the adequacy to perform the job, as provided in Article 192 of the Continued…