The teacher of religious education, to act as such, must be hold a certificate of suitability
granted by the corresponding religious authority, which will be valid for as long as it is not
revoked, and must also have graduated from the studies taken to discharge said duties.
The corresponding religious authority may grant the certificate of suitability to foreigners so
they can work in municipal and private schools.
If the school does not have a suitable person, they must request the corresponding religious
authority to provide them with one, in accordance with the preference of parents and
guardians. 5
B.
FACTS OF THE CASE
22.
Sandra Cecilia Pavez Pavez was working as a religious education teacher for basic general
education. 6 The alleged victim had worked as a teacher of said subject in the Cardinal Antonio Samoré
Municipal High School since 1985 and, in 1991, earned the status of teacher belonging to the school’s
permanent staff. 7 The petitioner pointed out that Ms. Pavez was never the target of any criticism by her
superiors, peers, or students. 8
23.
In line with the regulatory framework applicable in the matter, as a result of Decree 924, Ms.
Pavez had received twelve certificates of suitability by the ecclesiastic authority up to the year 2007. 9
24.
The petitioning party indicated that the Cardinal Antonio Samoré High School is a public
school, administered and funded by the Chilean state through the municipality of San Bernardo. 10
25.
The petitioning party indicated that, in 2007, via phone calls to the school and to the Diocese
of San Bernardo, rumors spread that the alleged victim was a lesbian. 11 The party asserted that, because of
these incidents, the Vicar for Education of the San Bernardo Diocese, René Aguilera Colinier, on behalf of the
Bishop of the Diocese of San Bernardo, Juan Ignacio González Errázuriz, questioned Sandra Pavez about the
truthfulness of the assertions. 12 The party pointed out that Ms. Pavez confirmed her sexual orientation to the
vicar and that she had a stable relationship with her same-sex partner. 13
26.
The petitioning party stated that the vicar urged the alleged victim, on various occasions, to
terminate her “homosexual life” under penalty of not being able to exercise her profession as a religious
education teacher any longer, and he required that, to continue working in her job, she must undergo
psychiatric treatment. 14 The party pointed out that Ms. Pavez refused to abide by the indications of the religious
authority. 15
27.
On July 25, 2007, the vicar René Aguilera issued a written communication addressed to Sandra
Pavez where he informed her of the decision to revoke her certificate of suitability, preventing her from
Annex 1. Official letter No. 840-2008 of May 13, 2008 from the Court of Appeals of San Miguel. Annex to the brief of October 28, 2008
from the petitioning party.
6 Annex 2. Diplomas obtained by Sandra Pavez as a Religious Education Teacher, Catechist, and Teacher of the Catholic Religion and Ethics.
Annex to the brief of October 28, 2008 from the petitioning party.
7 Annex 3. Resolution No. 129 of April 9, 1991, providing for the hiring of Sandra Pavez as teacher of the Cardinal Antonio Samoré High
School. Annex to the brief of October 28, 2008 from the petitioning party.
8 Brief of October 28, 2008 from the petitioning party.
9 Annex 4. Authorization No. 0176/06 Certificate of Suitability of April 30, 2006 for Sandra Cecilia Pavez Pavez. Annex to the brief of October
28, 2008 from the petitioning party.
10 Brief of April 5, 2016 from the petitioning party.
11 Brief of April 5, 2016 from the petitioning party.
12 Brief of April 5, 2016 from the petitioning party.
13 Brief of April 5, 2016 from the petitioning party.
14 Brief of October 28, 2008 from the petitioning party.
15 Brief of October 28, 2008 from the petitioning party.
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