the decisions taken pursuant to Decree 924 are in line with the rights and principles contained in the
Convention and that the State’s control over such acts is established in a clear and objective manner.
184. Based on the considerations in the preceding paragraph, and as it has done in other cases, 194
this Court deems it necessary to order the State, within two years from notification of this judgment,
to clearly specify or regulate, through legislative or other measures, the remedy, procedure and
jurisdictional competence for challenging the decisions of public educational institutions regarding the
appointment or removal of teachers of religious education as a result of the issuance or revocation of
a certificate of suitability by a religious authority, under the provisions of Article 9 of Decree 924 of
1983. Within the framework of these remedies, the authorities must have the power to carry out an
adequate control of conventionality over the decisions of public educational establishments regarding
the appointment or removal of religious education teachers as a consequence of the issuance or
withdrawal of a certificate of suitability.
D. Other measures requested
185. The Commission requested that the State be ordered to reinstate Sandra Pavez Pavez in the
position she held as a teacher in a public institution, clarifying that this should be done only if she
wishes, and in agreement with her.
186. The representatives indicated that they agreed with everything stated by the Commission in
the Merits Report.
187. In its final written arguments, the State referred to the request for the reinstatement of Ms.
Pavez, noting that this specific measure and its scope are not clear. It affirmed that such measure
was inappropriate since Ms. Pavez was never dismissed as a teacher, and that the proposed measure
would imply appointing a teacher of Catholic religion who “does not enjoy the confidence and, in the
opinion of the religious authorities, does not represent that faith.” It argued that this would be a
violation of religious freedom and a discriminatory measure based on religious grounds.
188. The Court considers that the issuance of this judgment and the reparations ordered in this
chapter are sufficient and adequate to remedy the violations suffered by the victim, and therefore
does not deem it necessary to order additional measures.
E. Compensation
E.1. Pecuniary damage
189. The Commission requested that the State be ordered to make full reparation for the human
rights violations declared in the Merits Report, including the pecuniary aspects. It added that the
pecuniary damage should take into account the differences in the amounts of the salaries and social
benefits that Ms. Pavez had received as a teacher, and that the State should adopt the corresponding
compensation measures.
190. The representatives requested that the State be ordered to pay, as part of the pecuniary
damage, the costs of the psychiatric and psychological therapy incurred by the victim since 2007.
191. In its final written arguments, the State argued that the Commission’s request was
inadmissible inasmuch as the victim did not suffer a direct or indirect financial loss as a result of the
reassignment of her duties, nor did she lose her wages and benefits as a teacher. As for the request
of the representatives, the State denied that it was the cause of the “alleged losses” for which
reparations were sought, and therefore the request would be inappropriate. Furthermore, it alleged
that the victim could have availed herself of the State’s medical and mental health services, through
Chile’s social security system.
194
See, for example, Case of the Former Employees of the Judiciary v. Guatemala, supra, para. 144.
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