to amend Costa Rican law on disability or additional professional training and inclusion
measures for persons with disabilities. Additionally, the Court finds that the reparation
measures ordered in this Judgment are sufficient and adequate for the violations
declared and for prevention of similar situations in the future. Consequently, it does not
consider it necessary to order the adoption of additional reparation measures.
F. Compensation
E.1.1. Pecuniary damage
100. The Commission asked that the State provide adequate reparations for the human
rights violations declared in this report, both pecuniary and non-pecuniary.
101. The representative requested payment of unpaid wages from the month after Mr.
Guevara's dismissal and until his reinstatement; the payment of interest, as required under
Costa Rican law, from the first day the salary was not received through to its payment in
full; the payment of the indexation for all the above purposes, from the first day the salary
was not received through to its payment in full.
102. The state requested that an amount be established in equity for the damage caused
to Mr. Guevara.
103. In its case law, the Court has developed the concept of pecuniary damage and has
established that this supposes “the loss of or detriment to the victims’ incomes, the
expenses incurred owing to the facts and consequences of a pecuniary nature that have a
causal nexus with the facts of the case.”109
104. In relation to the loss of earnings or loss of income, the Court observes that there is
not enough information to determine the income that Mr. Guevara effectively stopped
receiving due to his dismissal from the Ministry of Finance, nor the real economic impact
that this had on his net worth from not being able to find a steady job following his dismissal.
Therefore, in view of circumstances of his employment termination as a result of an act of
discrimination, the Court finds it pertinent to grant, in equity, an amount of USD 50,000.00
(fifty thousand dollars of the United States of America) for loss of earnings to Mr. Guevara.
E.1.2. Non-pecuniary damage
105. The Commission asked that the State provide adequate reparations for the human
rights violations declared in this report, both pecuniary and non-pecuniary.
106. The representative requested payment of compensation for moral damages of
USD 300,000 (three hundred thousand United States dollars) in favor of Mr. Guevara.
As a second, alternate proposal, the representative requested a single payment of
special protection of persons with disabilities (2019); the recognition and fulfillment of the right of access to
justice for persons with disabilities (2019); the formalization of the Inserta Por Talento Program (2020); the
regulatory improvement for the application of Law 8862 and its regulations in the institutions under the Civil
Service Regime (2020); and surveillance and monitoring in applying Law 8862 and its regulations by the
Executive Council (2022).
Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43; and Case of Pavez Pavez v. Chile, supra, para. 192.
109
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