because the foregoing was revoked insofar as the discriminatory letters led to Mr.
Guevara Díaz not being made permanent in the position, thereby violating Law
7600, as the management of the Ministry of Finance, via the Human Resources
Department, has complied with all the proceedings and requirements in place for
hiring, the performance of examinations, and equality by opting to hire a person
with some degree of disability. However, it is reiterated that the letters indicated
above had some impact on the decision to not hire Mr. Guevara. Therefore, the
inspectors are ordered […] to continue with the procedure in this regard and send
it to the respective Courts.35
40.
On March 5, 2004, the Employees' Union of the Ministry of Finance sent a
communication to the Minister of Finance requesting the "immediate reinstatement of
our fellow worker Luis Fernando Guevara Díaz" in light of the resolution of the National
Directorate of Labor.36 On March 18, 2004, the Minister of Finance replied to the
communication by indicating that the reinstatement of the victim was not appropriate
given that “nothing was omitted from the procedure carried out that would be indicative
of unequal treatment, arbitrariness, or some another discriminatory act […].”37 In
response to the ruling of the Constitutional Chamber of February 14, 2005 (supra para.
38), on September 1, 2006, the National Labor Directorate ordered the closure of Mr.
Guevara's case.38
41.
On August 22, 2005, the National Director of Social Security sent an official letter
to the Minister of Labor and Social Security. In the letter, she stressed that the reasons
given for not appointing Mr. Guevara “are contrary to what is established in the Equal
Opportunities for Persons with Disabilities Act,” and therefore, the administrative process
should be reviewed. In particular, the office verified that Mr. Guevara was certified to
work as a miscellaneous employee by the National Council for Rehabilitation and Special
Education; he performed his duties efficiently while in the position; and that his disability
never limited him from performing his duties.39 This information was brought to the
attention of the President of the Republic through a communication dated August 29,
2005.40
VII
MERITS
42.
The Court recalls that the State recognized its international responsibility for the
violation of the rights to judicial guarantees, judicial protection, equal protection, and
the right to work, set forth in articles 8(1), 25, 24, and 26 of the American Convention,
read in conjunction with Article 1(1), to the detriment of Luis Fernando Guevara Díaz.
Without prejudice to this, and in consideration of the reasoning indicated above (supra
Resolution DNI-277-04 of the National Directorate of the General Labor Monitor of February 3, 2004
(evidence file, folio 1023).
35
Cf. Letter from the Employees’ Union of the Ministry of Finance addressed to the Minister of Finance
dated March 5, 2004 (evidence file, folio 1025).
36
Response of the Minister of Finance to the Employees’ Union of the Ministry of Finance of March 18,
2004 (evidence file, folio 1031).
37
Cf. Resolution DNI-801-06 of the National Directorate of Labor Inspection of the Ministry of Labor and
Social Security of September 1, 2006 (evidence file, folio 1035).
38
39
Cf. Note of the National Director of Social Security of August 25, 2005 (evidence file, folios 1002 to
1004).
Cf. Official Letter from the Minister of Labor and Social Security to the President of the Republic of
August 29, 2005 (evidence file, folio 1006).
40
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