Article 7. By virtue of freedom of religion and worship, religious entities are recognized as having full
autonomy to pursue their own objectives and, inter alia, are entitled to:
a) Freely exercise their own ministry, to worship, to hold meetings of a religious nature, and to found
and maintain places for such purposes;
b) Establish their own internal organization and hierarchy; to train, appoint, elect and designate the
appropriate persons in positions and hierarchies, and to determine their denominations; and
c) Express, communicate and disseminate, by word, in writing or by any other means, their own
creed and to proclaim their doctrine.
B. Regarding the disqualification of Sandra Pavez Pavez as a Catholic religion teacher
19.
Sandra Cecilia Pavez Pavez was born on March 20, 1958. She holds a Professional Diploma as
a “Teacher of Catholic Religion and Morals” issued by the Universidad de Ciencias de la Educación; a
Professional Diploma as a “Religion Teacher for General Basic Education,” awarded by the Pontificia
Universidad Católica de Chile, and a Diploma as a “Catechist” awarded by the same university. 50
20.
She began working as a Catholic religion teacher at the “Cardinal Antonio Samoré” Municipal
High School in 1985. On April 9, 1991, she became a permanent teacher at this educational
institution. 51 The “Colegio Cardinal Antonio Samoré” is a public high school, administered and financed
by the Chilean State through the San Bernardo Municipal Corporation, which is part of the Municipality
of San Bernardo. 52 The commune of San Bernardo is located in the southern part of the Metropolitan
Area. It is an undisputed fact that the salary and social security of Sandra Pavez Pavez were paid by
the municipality of San Bernardo and derived from the national budget.
21.
The labor relationship between the Municipal Corporation and Sandra Pavez Pavez was
regulated by the Labor Code, which is the statute applied mainly to private relationships. Sandra Pavez
Pavez taught Catholic religion classes in a public educational establishment, administered and funded
by the Chilean State.
22.
In accordance with the applicable regulatory framework derived from Decree 924 (supra para.
17), Sandra Pavez Pavez had been granted several certificates of suitability from the church authorities
since 1985, in compliance with the provisions of Article 9 of Decree 924, and therefore had the
necessary requirements to teach Catholic religion classes. The last certificate of suitability issued by
the Vicariate for Education of San Bernardo, which is part of the Diocese of San Bernardo of the
Chilean Catholic Church, was dated April 30, 2006, and was valid until 2008. 53
23.
In 2007, through anonymous phone calls to the school and to the Diocese of San Bernardo,
the rumor “spread” that the alleged victim was a lesbian. On several occasions, the Vicar for Education
allegedly urged Ms. Pavez to end her “homosexual life” and told her that, in order to continue in her
position, she must undergo psychiatric treatment. 54
24.
On July 25, 2007, the Vicar issued a written communication addressed to Sandra Pavez Pavez
informing her of the decision to revoke her certificate of suitability, thus preventing her from teaching
50
Cf. Certificates obtained by Sandra Pavez Pavez as a Religious Education Teacher, Catechist and Teacher of Catholic
Religion and Morals (evidence file, folios 17 to 20).
51
Cf. Resolution No. 129, confirming the hiring of Sandra Pavez Pavez as a teacher at the Cardinal Antonio Samoré High
School on April 9, 1991 (evidence file, folios 21 and 22).
The Corporations are established by the municipalities for administration purposes. In addition, the Organic
Constitutional Law of Municipalities establishes that the municipalities are part of the State and administer the communes.
52
53
Cf. Authorization No. 0176/06 Certificate of Suitability of Sandra Cecilia Pavez Pavez dated April 30, 2006 (evidence
file, folios 23 and 24).
54
In this regard, Sandra Pavez Pavez stated during the public hearing that the Vicar had asked her if it was true that
she was a lesbian, and said that this “could not be” and that if she continued this way she could lose her job as a religion
teacher. He said that in order to avoid this she would have to separate and stop having a partner and that this would remain
between them. Cf. Statement of Sandra Pavez Pavez during the public hearing.
10