32.
In its ruling of April 17, 2008, the Supreme Court considered that the petition’s allegations
were inadmissible and upheld all parts of the judgment of the Court of Appeals of San Miguel. 28 The IACHR
notes that, in the ruling appearing in the case file, there is no reason set forth for the decision, beyond the abovementioned upholding of the judgment of the court of first instance.
D.
INFORMATION ABOUT THE IMPACT ON THE ALLEGED VICTIM
33.
The petitioning party stated that the situation that Ms. Pavez encountered when, because of
her sexual orientation, she lost the job she had performed for 22 years, triggered a severe depression that she
has been suffering over the past years. 29 The party pointed out that the decision of the Office of the Vicar forced
her to traumatically come to terms with her sexual orientation, a matter that, for all of these years, she had kept
confidential as part of her private life. 30
34.
The petitioning party indicated that the alleged victim has been prevented from exercising her
profession not only in schools that are part of the Diocese of San Bernardo, but also in any school of the nation
because of the foundations structuring the Catholic Church. 31 The party asserted that, after the revocation of
Sandra Pavez’s certificate of suitability, the school’s administration offered her an administrative post as acting
inspector general, a job in which, in 2016, she was working. 32 The party indicated that the job did not allow her
to exercise the profession for which she had studied, that her pay had not been increased, and that it does not
ensure the job stability she had when she was a teacher. 33 Because of this, the party pointed out that the
incidents caused incalculable harm to Sandra Pavez’s life plans. 34
IV.
ANALYSIS OF LAW
A.
Rights to a fair trial, privacy and autonomy, access to public service under conditions of
equality and non-discrimination, judicial protection, and work (Articles 8.1, 35 11.2, 36 23.1(c), 37 24, 38
25, 39 and 26 40 in connection with Articles 1.1 and 2 of the American Convention)
1.
Considerations on the principle of equality and non-discrimination, the right to privacy
life and autonomy, and sexual orientation
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.
29 Brief of April 5, 2016 from the petitioning party.
30 Brief of April 5, 2016 from the petitioning party.
31 Brief of October 28, 2008 from the petitioning party.
32 Brief of April 5, 2016 from the petitioning party.
33 Brief of April 5, 2016 from the petitioning party.
34 Brief of April 5, 2016 from the petitioning party.
35 Article 8 of the American Convention enshrines the following relevant provision: Every person has the right to a hearing, with due
guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the
substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor,
fiscal, or any other nature.
36 Article 11 provides, in its relevant part, that: 2) No one may be the object of arbitrary or abusive interference with his private life, his
family, his home, or his correspondence, or of unlawful attacks on his honor or reputation. 3) Everyone has the right to the protection of
the law against such interference or attacks.
37 Article 23 of the American Convention provides, in its relevant part, the following: 1. Every citizen shall enjoy the following rights and
opportunities: … c. to have access, under general conditions of equality, to the public service of his country. 2. The law may regulate the
exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language,
education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.
38 Article 24 of the American Convention provides that all persons are equal before the law. As a result they have the right, without
discrimination, to equal protection of the law.
39 Article 25.1 of the American Convention establishes that: 1. Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or
laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting the course of
their official duties.
40 Article 26 establishes that the States Parties undertake to adopt measures, both internally and through international cooperation,
especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means,
the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.
28