86.
The Commission asked that the state be ordered to reinstate the victim as a
public servant at the same or higher level as the one at which he served at the moment
of his dismissal. Should the victim not want this or should there be objective reasons
preventing his reinstatement, the Commission asked that the state be ordered to pay
compensation, additional to the pecuniary and nonpecuniary damages.
87.
The representative asked that Mr. Guevara be reinstated in the position from
which he was dismissed.
88.
The state indicated that Mr. Guevara could not be reinstated in the position he
had held at the Ministry of Finance because it was an interim position at the time of his
dismissal. In this regard, it indicated that the reinstatement had to be evaluated because
the person currently holding the position that Mr. Guevara sought had already secured
permanent status in it. Additionally, it indicated that Mr. Guevara had been receiving a
pension under the Non-contributor Regime provided by the Costa Rican Social Security
System since 2017, which he could lose if he were reinstated in his job. Consequently,
the state argued that the representative’s request was not admissible, and instead
suggested that an amount be set, in equity, to repair the damage caused.
B.2. Considerations of the Court
89.
In this case, the Court determined that Mr. Guevara's right to work had been
violated after he was removed from his position at the Ministry of Finance in an act of
discrimination based on his intellectual disability. In this regard, the Court deems it
pertinent to order, as a measure of restitution, that Mr. Guevara be appointed to a
position of equal or greater seniority to the one for which he applied in the competitive
process for filling position 010179 at the Ministry of Finance. Should Mr. Guevara decline
appointment to a position with the Ministry of Finance, or should there be other reasons
he cannot work there, the state shall extend the victim the opportunity to be appointed
to another job in another public institution that matches with his aptitudes and needs.
90.
To comply with this measure, Mr. Guevara or his representatives shall inform this
Court whether the victim wishes to be appointed to a position at the Ministry of Finance
or at another public institution, pursuant to the above terms, within no more than six
months, counting from the notification of this judgment. In the event Mr. Guevara or his
representatives do not inform the Court by the aforementioned deadline, or in the event
that the victim does not wish to be appointed to a public-sector position in the terms
above, the state shall pay an indemnity of USD 25,000 (twenty-five thousand dollars of
the United States of America). This amount is in addition to any other amount
established in the section of this judgment on compensatory damages.
C. Measure of satisfaction
C.1. Requests of the Commission and the parties
91.
The Commission, the representative, and the state did not specifically address
this measure.
C.2. Considerations of the Court
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