31 suitability between the means (the sanction) and the end pursued (preserving order in the armed forces), established differentiated sanctions for sexual acts between persons of the same sex and other sexual acts, differences that the IACHR does not find justified or reasonable, and which are therefore discriminatory. 119. In addition, the Commission notes that the prohibition on discrimination based on actual or perceived sexual orientation requires that no one be discriminated against in accessing and keeping his or her employment based on this aspect.116 Along these lines, the Committee on Economic, Social and Cultural Rights has indicated that any discriminatory treatment based on a person’s sexual orientation in “access to the labour market or to means and entitlements for obtaining employment” constitutes a violation of the international obligations of the State on these matters.117 In this respect, the international doctrine has established: Every citizen has the right to take part in the conduct of public affairs, including the right to stand for elected office, to participate in the formulation of policies affecting their welfare, and to have equal access to all levels of public service and employment in public functions, including serving in the police and military, without discrimination on the basis of sexual orientation or gender 118 identity. ii. Proceeding brought against Mr. Flor and the application of the penalty of discharge 120. The IACHR also observes that the petitioners adduce that the decision that led to the discharge of Homero Flor was based on prejudices that reveal a discriminatory practice or policy enshrined in the military legislation and applied by the military authorities, based on the actual or perceived sexual orientation of its members. 121. The IACHR also notes that the sanction imposed was implemented in keeping with the military provisions regarding sexual acts between persons of the same sex. The Commission considers that said regulation was not only incompatible with the obligations of the State to respect and ensure the fundamental rights of persons without discrimination and to adapt its domestic legislation in this regard, but that through this regulation the military legal order institutionalized a discriminatory treatment that is of particular important in the realm of the armed institutions, for the deeply-rooted view that homosexuality has a negative impact on the very existence of the military institutions in a state119 is reinforced in such provisions, consolidating the stigma that attributes a supposed lack of 116 United Nations, Committee on Economic, Social and Cultural Rights, General Comment No. 18: Non-discrimination, E/C.12/GC/18, February 6, 2006, para. 12(b)(i). 117 United Nations, Committee on Economic, Social and Cultural Rights, General Comment No. 18: Non-discrimination, E/C.12/GC/18, February 6, 2006, para. 12(b)(i). 118 Yogyakarta Principles. Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity, 2006, principle 25. 119 For example, in 1981 the United States Defense Department established a regulation that justified the expulsion of a member of the Army for being homosexual. Hence, Directive DOD 1332.14 on that policy was based on the argument: “Homosexuality is incompatible with military service. The presence of such members adversely affects the ability of the Armed Forces to maintain discipline, good order, and morale; to foster mutual trust and confidence among the members; to ensure integrity of rank and command; to facilitate assignment and worldwide deployment of members who frequently must live and work in close conditions affording minimal privacy; to recruit and retain members of the military services; and in certain circumstances, to prevent breaches of security.” Subsequently, this directive gave way to the federal regulation approved by Congress in 1993 known as “Don’t ask, Don’t tell,” which prohibited any member of the armed forces from revealing his or her homosexual or bisexual orientation while serving in that institution.