the main sticking point is not whether to recognize the existence of a violation of this provision of the Convention but how to define proper reparations for it, leading to considerations as to the technique used to decide on and select the adequate reparations to apply. 7. The reasoning for this conclusion will be broken down into four parts: (i) review of the relevant factual aspects of this specific case; (ii) direct justiciability of ESCER as an element of the IAHRS; (iii) interpretation of Article 26 of the Convention in the framework of Latin American open society; and (iv) violations of Mr. Guevara Díaz’s right to work and right to participate in the government. I. The case in question 8. Luis Fernando Guevara Díaz is a Costa Rican citizen who was born in 1969. Since 2001, he has held the position of "Miscellaneous Worker 1" in the Ministry of finance of Costa Rica, performing a variety of maintenance and cleaning tasks.2 According to a medical certification issued the year he was hired, Mr. Camara has an intellectual disability that essentially takes the form of difficulty with learning.3 I would note here that this condition did not prevent him from performing his duties in the Ministry, as shown and confirmed by the state in the training certificate for the "miscellaneous" area issued in 1993 by the National Council on Rehabilitation and Special Education.4 Mr. Guevara therefore performed his duties in an exemplary manner during the period he worked there. He was praised and recognized for his work, exemplified by the formal recognition signed by the coordinator of the Technical Supply and Services Unit (“UTAS”) for his work at the Ministry.5 9. In 2003, Mr. Guevara took part in Competitive Hiring Process 010179, launched by the Ministry of Finance to the permanent version of the position that he had been working in the on an interim basis for two years. As part of the selection process, Mr. Guevara took a written test—with the appropriate adaptations—and underwent an interview at the UTAS.6 Despite his excellent performance in the competitive hiring process, in which he topped the shortlist of three candidates, Mr. Guevara was notified that he had not been selected for the permanent position. The day after the result was announced, his intern position was eliminated and he was informed that he would be dismissed from the Ministry in four days.7 Consequently, not only was Mr. Guevara removed from the position he held, he was unemployed. 10. The dismissal had a devastating psychological effect on the victim. As described by his brother during the public hearing held on March 24, 2022, prior to his unjustified dismissal, Mr. Guevara was cooperative and happy, feeling "very useful in the job he was doing.”8 But when faced with unemployment following his dismissal, he began experiencing episodes of depression, along with a lack of motivation and Case of Guevara Díaz v. Costa Rica. Merits, Reparations, and Costs. Judgment of June 22, 2022, hereinafter the “Judgment,” para. 28. 2 3 Medical certification of May 9, 2001 (evidence file, folio 1044). Cf. Certificate issued December 10, 1993, Annex 7 of the Case File on the Proceedings before the Commission. 4 Cf. Official Letter UTAS/169-2001 of September 17, 2001, Annex 5 of the case file on the Proceedings before the Commission. Folio 68. 5 6 Cf. Judgment, para. 30. 7 Cf. Judgment, para. 33. 8 Public hearing on March 24, 2022, testimony of José Guevara Díaz. 2