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INTRODUCTION OF THE CASE AND CAUSE OF ACTION
1.
The case submitted to the Court. On March 24, 2021, the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission”) submitted to the jurisdiction of the Court the case of “Luis Fernando
Guevara Díaz v. the Republic of Costa Rica” (hereinafter “the state” or “Costa Rica”). As
indicated by the Commission, the case is related to the violation of the human rights of
Mr. Luis Fernando Guevara Díaz in the framework of a competitive hiring process at the
Ministry of Finance in which he was not selected due to his status as a person with an
intellectual disability. The Commission also noted that the authorities who denied the
appeals for reversal and amparo made by Mr. Guevara against the decision were not
adequately justified, nor was any substantive review made of his allegation of
discrimination, with the response limited to confirming that the authority had discretion.
In this regard, the Commission concluded the State was responsible for the violation of
the rights to judicial guarantees, judicial protection, equal protection, and work,
established in articles 8(1), 25(1), 24, and 26 of the American Convention on Human
Rights, read in conjunction with the obligations established in Article 1(1).
2.
Proceedings before the Commission. The proceedings before the Commission
were as follows:
a) Petition. On July 12, 2005, the Labor Union of Employees of the Ministry of
Finance submitted the initial petition before the Commission.
b) Admissibility Report. On March 20, 2012, the Commission approved Admissibility
Report 13/12, in which it notified the parties of admissibility and made itself
available to reach a friendly settlement.
c) Report on the Merits. On July 2, 2020, the Commission approved Report on the
Merits 175/20 (hereinafter also “Report on the Merits”), in which it reached a
series of conclusions and made several recommendations to the State.
d) Notification to the State. The Commission notified the State of the Report on the
Merits in a communication dated August 24, 2020. The Commission granted the
State two months to report on compliance with the recommendations. After it
was granted two extensions, the State reported its willingness to comply with the
Commission's recommendations, but given the petitioner's lack of interest in
holding a meeting, it would not request a new extension.
3.
Submission to the Court. On March 24, 2021, the Commission submitted to the
Court all the facts and human rights violations involved in the case. It did so, it indicated,
out of the need to obtain justice and reparation for the victim.1 This Court notes with
concern that more than 15 years have elapsed between the presentation of the initial
petition before the Commission and the submission of this case to the Court.
4.
Requests of the Commission. The Commission asked this Court to find and declare
Costa Rica internationally responsible for the violations set forth in the Report on the
The Commission appointed Commissioner Julissa Mantilla Falcón and the Deputy Executive Secretary
at the time, Marisol Blanchard, as its delegates before the Court, as well as Jorge Huberto Meza Flores and
Christian González Chacón as legal advisors.
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