Catholic religion classes in schools located in the Diocese of San Bernardo. The aforementioned communication stated that the decision was taken in accordance with the norms of canon law and that, after a review of the situation, the matter had been discussed with Ms. Pavez. It also indicated that the Mayor of San Bernardo and the Director of the Municipal Education and Health Corporation had been informed of the withdrawal of Sandra Pavez Pavez’s certificate of suitability. 55 25. In the same communication, the Vicar for Education also pointed out the following: “as you know, as a priest and vicar of this diocese, I have tried to do everything possible to avoid reaching this difficult decision, noting that the spiritual and medical assistance offered was turned down by you, which I deeply regret.” 56 26. Furthermore, in a letter dated July 23, 2007, in which the school was notified of the withdrawal of Ms. Pavez’s certificate of suitability by the Vicariate, the latter indicated that the suitability of a religious education teacher “implies three aspects that are closely related: professional suitability [,]doctrinal suitability and moral suitability.” With respect to moral suitability, the letter stated that: [from] every religious belief there follows a personal or moral behavior derived from that belief. The teacher must adhere to the conduct required of members of that religion. It is the responsibility of the religious authority of each denomination to ensure not only that an upright doctrine is taught, but also that the teacher is consistent in this regard, at least on the most crucial points of morality; morality is not only taught by word, but above all by example and testimony. A person who lives in public contradiction with essential aspects of the Catholic doctrine and morals that he or she is required to teach, is not qualified to transmit these teachings to the students.” […] In the case at hand, such an inconsistency has occurred. Indeed, although Professor Pavez holds a legitimately awarded diploma, and her knowledge of the contents of the Catholic doctrine may be sufficiently well known to her, her moral suitability has suffered a serious alteration by living publicly as a lesbian, in open contradiction with the contents and teachings of the Catholic doctrine that she was called upon to teach. 57 27. As a consequence of the withdrawal of the certificate of suitability by the Vicariate for Education of San Bernardo, Sandra Pavez Pavez was prevented from teaching Catholic religion classes in any national educational institution and, in particular, in the “Cardinal Antonio Samoré” High School where she worked as a Catholic religion teacher. 28. The school administration then offered her a position as acting inspector general. As of 2011, she was appointed to the position of inspector general by legal mandate, a position did not allow her to teach Catholic religion classes. However, her employment contract was not terminated, the benefits she enjoyed as a teacher were maintained, and she began to receive an additional salary allowance for her managerial duties. In 2020, Sandra Pavez Pavez resigned from the school in order to be eligible for a retirement incentive granted by the State. 29. According to information provided by the expert witness Lara Arroyo during the public hearing, the position of inspector general involves teaching, supervision and administrative responsibilities in accordance with the Chilean Teachers’ Statute and “is given to teaching professionals with extensive experience so that they can perform this role.” 58 Article 34c of the Chilean Teachers’ Statute states that in order to be a general inspector, a professional education background is required and, in addition, the individuals appointed to this position must belong to the teaching staff of the respective Cf. Communication addressed to Sandra Pavez Pavez from the Vicariate for Education of the Diocese of San Bernardo of July 25, 2007 (evidence file, folio 26). 55 56 Cf. Communication addressed to Sandra Pavez Pavez from the Vicariate for Education of the Diocese of San Bernardo of July 25, 2007 (evidence file, folio 26). 57 Cf. Communication from the Vicariate for Education of the Diocese of San Bernardo of July 23, 2007 (evidence file, folios 520 to 524). 58 Expert opinion of José Luis Lara during the public hearing in the present case. 11

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