municipality. 59 Furthermore, the Statute establishes that the teaching management role “is a
professional position of a higher level that requires specific training and teaching experience [...], and
involves responsibility for matters related to the management, administration, supervision and
coordination of education, and entails additional direct supervision and responsibility for teaching,
administrative and auxiliary staff, or minor services personnel, and for the students.” 60
C. Judicial remedies
30.
Sandra Pavez Pavez, the legal representative of the Homosexual Integration and Liberation
Movement (Movimiento de Integración y Liberación Homosexual- MOVILH) and the President of the
Teachers’ Association (Asociación Gremial- A.G.) 61 filed an appeal for protection before the Court of
Appeals of San Miguel, claiming that the action by the Vicariate was arbitrary and unlawful and that
it breached several constitutional guarantees. In particular, they alleged that it violated the
constitutional guarantees related to respect for and protection of private and public life and the honor
of persons, the right to work and its protection, and to equality before the law. 62
31.
On November 27, 2007, the Court of Appeals of San Miguel dismissed the appeal, considering
that the action challenged could not be characterized as illegal or arbitrary. It pointed out that the
legislation applicable to the case, namely, Decree 924, authorizes the religious body to grant and
revoke the corresponding authorization in line with its principles, a situation that does not allow the
State or any individual to interfere in any way. The Court of Appeals of San Miguel considered that
“the legislation applicable to this case allows the corresponding religious body to grant and revoke the
authorization […] in accordance with its particular religious, moral and philosophical principles, a
situation that will depend only on each one, with no interference from the State or any private
individual, since the power rests with the creed itself, which has broad powers to establish its own
rules and principles.” The aforementioned Court also ruled that the challenged action could not be
characterized as illegal or arbitrary and that, therefore, the action attempted lacked the basic and
fundamental requirements to claim the protection sought through this channel. The Court of Appeals
of San Miguel thus declared the appeal inadmissible and rejected it “without the need [...] to analyze
and refer in detail to the constitutional guarantees invoked by the appellant.” 63
32.
In response to this ruling, Sandra Pavez’s lawyers filed an appeal before the Supreme Court of
Chile. In a decision dated April 17, 2008, the Supreme Court found that the arguments put forward
by the appellants were not admissible and confirmed all parts of the judgment of the Court of Appeals
of San Miguel. In its ruling, the Supreme Court specifically indicated that it did not accept the
“arguments submitted” and therefore ruled that “the appealed judgment is upheld.” 64
VI.
MERITS
33.
In the instant case, the Court must analyze the scope of the State’s international responsibility
for the alleged violation of several rights enshrined in the Convention due to the disqualification of
Sandra Pavez Pavez as a Catholic religion teacher, following the withdrawal of her certificate of
suitability by the Vicariate for Education of the Diocese of San Bernardo, of the Chilean Catholic
59
Cf. Law 19.070, article 34.c.
60
Law 19.070 article 7.
61
The Chilean organization that represents the elementary and secondary school teachers' association.
62
Cf. First instance judgment of the Court of Appeals of San Miguel of November 27, 2007 (evidence file, folios 263 to
266).
63
Cf. First instance judgment of the Court of Appeals of San Miguel of November 27, 2007 (evidence file, folio 269).
64
Cf. Judgment of the Supreme Court of Justice of April 17, 2008 (evidence file, folios 275).
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