55
b)
the general prohibition of discrimination established in Article 1(1) of the
Convention extends to the domestic law of the States Parties, who have made a
commitment to not introduce discriminatory norms in their legal systems. In
order for a distinction in treatment not be discriminatory, the State must prove
an interest particularly important or an imperious social need, that may justify
the distinction, and that the measure adopted be the less restrictive of the right
in question, and
c)
Mr. López Álvarez was not allowed to use his native language during his
stay in the prison. The State has argued security reasons to justify said
restriction; even if there can be legitimate reasons to restrict certain rights
within a criminal establishment, the State did not prove that the prohibition to
use the language was “evidently necessary” or that it was the less restrictive
measure possible. The prohibition suffered by the alleged victim violated Article
24 of the Convention and the general prohibition of discrimination for reasons of
language, established in Article 1(1) of the same.
158.
Arguments of the representatives:
a)
the State is the guarantor of the people detained under its custody,
reason for which any measure adopted tending to restrict rights must be
pursuant to human dignity, have a reasonable justification and it should be the
measure that implies the least burden possible;
b)
language is one of the constitutive elements of the identity of the
Garifuna people, therefore the liberty of expression has an individual and social
dimension. The prohibition directed to the Garifuna people of speaking in their
mother tongue, was not justified and up to this date the State has not been
able to invalidate the arbitrary nature that characterized it, and
c)
the principles of right to equal protection and non discrimination belong
to the field of the jus cogens. The arbitrary prohibition of the use of the
Garifuna language in the Criminal Center of Tela was a discriminatory act. The
State violated Mr. Alfredo López Álvarez’s right to no discrimination. The
representatives referred to Articles 4, 5, and 28(3) of Agreement 169 of the
International Labor Organization and Article 173 of the Constitution of
Honduras.
159.
Arguments of the State:
a)
it condemns that Mr. López Álvarez’s right was limited and states that an
investigation was carried out by the Office of the Public prosecutor in order to
attribute responsibilities. However, since it has been proven before the Court
that the alleged victims also speak perfect Spanish, the damages argued by
them and their representatives are not of the magnitude and seriousness
affirmed by them;
c)
it acknowledges that ethnical minorities may express themselves in their
native language. The State has put into action, through the Ministry of
Education, programs for the implementation of a bilingual education, and
c)
it totally and absolutely respects the Garifuna people and other ethnic
groups of Honduras. There is no type of segregation or discrimination for
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