Unanimously:
1.
To accept the state’s acknowledgment of responsibility, pursuant to paragraphs
16 to 23 of this judgment.
DECLARES,
Unanimously that:
2.
The State is responsible for the violation of the rights to equal protection and
work, recognized in articles 24 and 26 of the American Convention on Human Rights,
read in conjunction with the state’s obligation to respect rights without discrimination,
established in Article 1(1), to the detriment of Luis Fernando Guevara Díaz, in the terms
of paragraphs 46 to 82 of this judgment (Judge Humberto Antonio Sierra Porto and
Judge Patricia Pérez Goldberg dissent with regard to violation of article 26 of the
American Convention on Human Rights, read in conjunction with Article 1(1), as
expressed in their opinions).
3.
The State is responsible for the violation of the rights to judicial guarantees and
judicial protection, established in articles 8 and 25 of the American Convention on
Human Rights, read in conjunction with Article 1(1), to the detriment of Luis Fernando
Guevara Díaz, in the terms of paragraph 18 of this judgment.
AND ESTABLISHES:
unanimously, that:
4.
This judgment constitutes per se a form of reparation.
5.
The State shall adopt all necessary measures such that Luis Fernando Guevara
Díaz is appointed to a position of equal or greater rank than the one for which he had
applied, or to another position that suits his skills and needs, in the terms of paragraph
89 of this judgment. Should Mr. Guevara or his representative fail to inform the Court
of his wish to be appointed to a position at the Ministry of Finance or another public
institution within six months of the notification of this judgment, the state must pay the
amount indicated in paragraph 90 of this judgment.
6.
The state shall make the publications ordered in paragraph 92 of this judgment
within six months of its notification.
7.
The state shall devise and implement, within one year, a training plan for officials
of the Ministry of Finance on equality and non-discrimination of persons with disabilities,
specifically addressing the essential content of the state’s obligation to respect and
guarantee the right to work of persons with disabilities in hiring, selection, promotion,
and dismissal, as well as the special duties arising when handling allegations alleging
acts of discrimination based on disability, pursuant to the terms of paragraph 95 of this
judgment.
8.
The State shall pay the amounts established in paragraphs 104, 109, and 113 of
this judgment for pecuniary and non-pecuniary damages and costs and expenses, in the
terms of paragraphs 114 to 119 of this judgment.
34