V. FACTS 15. In this chapter, the Court will establish the facts considered proven in this case, based on the body of evidence that has been admitted and on the factual framework described in the Merits Report. In addition, it will include those facts presented by the parties that serve to explain, clarify or dismiss this factual framework. The facts are presented below in the following order: a) the relevant regulatory framework; b) the disqualification of Sandra Pavez Pavez to teach Catholic religion classes, and c) judicial remedies. A. Relevant regulatory framework 16. Article 19 of the Constitution of the Republic of Chile establishes the following: The Constitution guarantees to all persons: [...] 2. Equality before the law. In Chile there are no privileged persons or groups. [...]Neither the law nor any authority whatsoever may establish arbitrary differences; 3. Equal protection of the law in the exercise of their rights [...]; 6. Freedom of conscience, expression of any belief and the free exercise of all religions which are not contrary to morals, good customs or public order. [...].Churches, and religious denominations and institutions of any faith shall have the rights, with regard to assets, which the laws currently in force grant and recognize. [...]; 10. The right to education. Education has as its goal the full development of the person in the different stages of his life: parents have the preferential right and the duty to educate their children. It will correspond to the State to provide special protection for the exercise of this right. [...] Elementary education and secondary education are obligatory; the State shall finance a free system with this objective, designed to assure access by all the population. [...] Likewise, it will correspond to the State to promote the development of education at all levels; stimulate scientific and technological research, artistic creation, and the protection and increase of the cultural patrimony of the Nation. It is the duty of the community to contribute to the development and improvement of education [...]; 11. Freedom of education includes the right to open, organize and maintain educational establishments. Freedom of education has no limitations other than those imposed by morality, good customs, public order and national security. Officially recognized education cannot be aimed at propagating any type of political-partisan tendency [...]; 16. Freedom to work and its protection. Every person has the right to freely contract and freely choose his work with a just compensation; Any discrimination that is not based on personal capacity or suitability is prohibited, notwithstanding that the law may require Chilean nationality or age limits for certain cases [...], and 17. Admission to all public functions and jobs, with no additional requirements other than those imposed by the Constitution and the laws [...]. 17. Decree 924 of the Chilean Ministry of Education of September 12, 1983, which regulates religion classes in educational establishments, whether public or private, establishes the following: 48 That the principles that inspire the lines of action of the present government are based on moral and spiritual values inherent to our Western humanist cultural tradition; That one of the fundamental objectives of education is to achieve the full development of man (sic). [...] 48 Decree 924, of September 12, 1983, Ministry of Education, regulates religious education in schools (evidence file, folios 293 to 295). 8

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