Pavez Pavez can cover the costs of the necessary psychological and/or psychiatric treatment. The
amount will be defined in the chapter on non-pecuniary damage (infra para. 198).
C. Guarantees of non-repetition
C.1. Training
176. The Commission requested that the State be ordered to provide training for the persons
responsible for evaluating the suitability of teaching staff and for judicial officials, at all levels, who
are called upon to hear appeals for the protection of fundamental rights on the scope and content of
the right to equality and non-discrimination, including the prohibition of discrimination based on sexual
orientation.
177. The representatives expressed their agreement with all the points mentioned by the
Commission in the Merits Report.
178. In its final written arguments, the State explained that it has already implemented training
processes for the judicial authorities in relation to the right to equality and the principle of nondiscrimination, for which reason it argued that the requested measure, in addition to being unrelated
to the present case, is unnecessary.
179. As it has done in other cases, the Court considers it pertinent to order the State to create and
implement, within two years, a training plan for the persons responsible for evaluating the suitability
of teachers in public schools on the scope and content of the right to equality and non-discrimination,
including the prohibition of discrimination based on sexual orientation. This training plan should include
indicators that can be verified to assess the progress made during its implementation.
C.2. Measures necessary to ensure adequate administrative and judicial oversight
180. The Commission requested that the State be ordered to: i) adapt its domestic legislation,
including Decree 924, in order to ensure that it does not promote acts of discrimination based on
sexual orientation at the time of its application, and ii) adopt the necessary measures to ensure
adequate administrative and judicial oversight of possible discriminatory situations in the context of
enforcement of the law.
181. The representatives requested that Decree 924 be repealed and replaced by a regulatory
framework that ensures objective and non-discriminatory criteria so that teachers of religion, in any
public or private establishment, can teach classes “without intimidation or repression because of their
sexual orientation or any other prohibited category of discrimination.” Likewise, in their final written
arguments, they requested that the State be ordered to adapt the anti-discrimination legislation, Law
2.609 of 2012, to “effectively ensure the non-repetition of cases similar to the present one in the
future.”
182. In this regard, the State argued that Decree 924 is “fully compatible with the American
Convention,” and is a “direct development of Article 12 of the Convention,” and therefore it considered
that there are no reasons to order its adaptation or repeal.
183. In the present judgment, the Court found the State responsible for the violation of the rights
to judicial guarantees and judicial protection contained in Articles 8(1) and 25 of the Convention, in
relation to the obligations to respect, to guarantee, and to adopt provisions of domestic law,
established in Articles 1(1) and 2 of the same instrument, to the detriment of Sandra Pavez Pavez,
inasmuch as she lacked suitable and effective remedies to challenge the effects of the decision to
revoke her certificate of suitability to teach Catholic religion classes by the Vicariate of San Bernardo
(supra Chapter VI.2). Likewise, the Court considered that the State cannot renounce its role of
oversight of the acts of private individuals that may affect human rights (supra para. 158). Therefore,
in consideration of the State’s obligation to adapt the provisions of domestic law contained in Article
2 of the American Convention, the necessary regulatory adjustments must be made to ensure that
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