violations of the rights to nationality and to work, established in Articles 20(3) and 26 of
the American Convention, since it has declared that the State did not violate Articles 24,
1(1) and 2 of the American Convention.
80.
During the public hearing in this case, the representatives alleged the violation of
Article 21 of the Convention based on the iura novit curia principle. The Court notes that
the representatives indicated that the USAC had retained Mr. Hendrix’s degrees in law and
the notarial profession. In this regard, the State indicated that the reason why the USAC
had not delivered the degrees to Mr. Hendrix was because he had not made the necessary
arrangements with the USAC (supra para. 28). The Court finds that it does not have
sufficient factual and probative elements to examine these arguments and, therefore, it
will not rule on the alleged violation of Article 21 of the American Convention.
VII
OPERATIVE PARAGRAPHS
81.
Therefore,
THE COURT,
DECLARES:
By six votes to one, that:
1.
The State is not responsible for the violation of the right to equality before the law
recognized in Article 24 of the American Convention on Human Rights, in relation to the
obligations to respect and to guarantee rights established in Articles 1(1) and 2 of the
American Convention, to the detriment of Steven Edward Hendrix, pursuant to paragraphs
66 to 76 of this judgment.
Dissenting Judge Rodrigo Mudrovitsch.
By six votes to one, that:
2.
The State is not responsible for the violation of the right to judicial protection
recognized in Article 25(1) of the American Convention on Human Rights, in relation to the
obligation established in Article 1(1) of the Convention, to the detriment of Steven Edward
Hendrix, pursuant to paragraph 78 of this judgment.
Dissenting Judge Rodrigo Mudrovitsch.
AND ESTABLISHES
Unanimously, that:
3.
The Secretariat of the Court shall notify this judgment to the Republic of Guatemala,
the representatives of the alleged victim, and the Inter-American Commission on Human
Rights.
4.
The file is closed.
DONE, at San José, Costa Rica, on March 7, 2023, in the Spanish language.
Judges Nancy Hernández López and Patricia Pérez Goldberg advised the Court of their
concurring opinion, and Judge Rodrigo Mudrovitsch advised the Court of his dissenting
opinion.
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