92.
As it has in other cases,107 the Court orders the State to publish the following, within
six months of notification of this judgment and in a font that is legible and appropriate: (a)
the official summary of this judgment prepared by the Court, once, in the Official Gazette
and in a newspaper with national circulation, and (b) this judgment in its entirety, available
for one year, on the official website of the Judiciary of Costa Rica and the Ministry of Finance,
accessible to the public and from the home page of the website. The state must inform this
Court immediately when it has made each of the publications ordered, irrespective of the
one-year timeframe for presenting its first report established in the ninth operative
paragraph of this judgment.
D. Guarantee of non-repetition
D.1. Requests of the Commission and the parties
93.
The Commission asked that the state be ordered to adopt necessary measures
of non-repetition to prevent similar incidents from taking place in the future. Specifically,
it asked that the state be ordered to adopt legislative, administrative, and other
measures to prevent discrimination based on disability and promote the workplace
inclusion of persons with disabilities. In this framework, it asked that the state conduct
training programs for public servants and justice officials on the prohibition of
discrimination based on disability in the workplace and on the obligation to adopt positive
measures to guarantee that persons with disabilities have access to the workplace and
can remain in it.
94.
The state indicated that it had carried out training and awareness-raising
programs from the Office of the Vice President of the Republic and the Office of the
President of the Judicial Branch. It also indicated that, to implement the
recommendations of the Commission’s Report on the Merits, it had developed a
recruitment course for positions reserved for officials involved in personnel recruitment
and selection processes. In addition, it held a seminar titled "Disability and Human
Rights: Current Status and Challenges for 2021," which was attended by more than 100
public servants. With regard to the Judiciary, it reported that two workshops have been
held, underscoring that their content addressed employment discrimination based on
disability.
D.2. Considerations of the Court
95.
This Court views positively the efforts made by the State to train public officials
on equality and nondiscrimination. However, this Court deems it pertinent to adopt
specific training programs aimed at preventing the repetition of facts similar to what
happened in this case, based on the aspects addressed in the judgment. In this regard,
the Court orders the state to, within one year, implement educational and training
programs on equality and nondiscrimination for persons with disabilities for officials of
the Ministry of Finance over a period of three years. Specifically, these programs should
address the essential content of state obligations to respect and guarantee the right to
work of persons with disabilities in hiring, selection, promotion, and dismissal, as well as
the special duties arising when handling allegations of acts of discrimination based on
disability.
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series
C No. 88, para. 79; and Case of Pavez Pavez v. Chile, supra, para. 168.
107
29