1(1).48 Additionally, the Court has found a mandate aimed at guaranteeing material
equality stemming from Article 24 of the Convention.49
49.
In this regard, the right to equal protection and nondiscrimination incorporates
two concepts: one related to the prohibition of arbitrary differentiation of treatment, and
another related to the obligation of States Party to create real equal conditions toward
groups who have been historically excluded or who are exposed to a greater risk of being
discriminated.50 The Court has also found that a difference in treatment is discriminatory
when it has no objective or reasonable justification51; in other words, when it does not
pursue a legitimate purpose and there is no proportionality between the means used and
the objective pursued.52 This Court has thus established that with a ban on discrimination
based on one of the protected categories set forth in Article 1(1) of the Convention, any
restriction of a right must be rigorously justified, which implies that the state’s grounds
for the difference in treatment must be particularly serious and supported by exhaustive
arguments.53
50.
In this regard, the Court recalls that persons with disabilities are bearers of the
rights established in the American Convention, rights that must be guaranteed in
accordance with the tenets of the right to equality and the prohibition on discrimination.
In addition, the Court has established that disability is a protected category in the terms
of Article 1(1) of the American Convention, and therefore, any discriminatory legal
provision, act, or practice based on a person's real or perceived disability is prohibited.
Consequently, no legal provision, decision, or practice of domestic law applied by either
State authorities or private individuals may reduce or restrict in a discriminatory way
the rights of an individual based on their disability.54 In the same way, as regards
disability as a protected category in the terms of Article 1(1) of the American Convention,
the burden of proof to demonstrate that the different treatment of a person with a
disability is justified falls on the state, and its decision cannot be justified based on
stereotypes.
51.
The Court highlights that in 1999, the Inter-American Convention on the
Elimination of All Forms of Discrimination Against Persons with Disabilities was adopted,
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary
Objections, Merits, Reparations, and Costs. Judgment dated August 5, 2008. Series C No. 182, para. 209; and
Case of Pavez Pavez v. Chile, supra, para. 66.
48
Cf. Case of the Employees of the Fireworks Factory of Santo Antonio de Jesus v. Brazil. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of July 15, 2020. Series C No. 407, para. 199, and
Advisory Opinion OC-27/21, supra, para. 156.
49
50
Cf. Advisory Opinion OC-18/03, supra, para. 92, and Advisory Opinion OC-27/21, supra, para. 158.
Cf. Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002.
Series A No. 17, para. 46, and Case of Guzmán Albarracín et al v. Ecuador. Merits, Reparations, and Costs.
Judgment of June 24, 2020. Series C No. 405, para. 193.
51
Cf. Case of Norín Catrimán et al. (Leaders, Members and Activist of the Mapuche Indigenous People) v.
Chile. Merits, Reparations, and Costs. Judgment of May 29, 2014. Series C No. 279, para. 200, and Case of
Guzmán Albarracín et al v. Ecuador, supra, para. 193.
52
Cf. Case of Gonzales Lluy et al. v. Ecuador. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of September 1, 2015. Series C No. 298, para. 257, and Case of Ramírez Escobar et al. v. Guatemala.
Merits, Reparations, and Costs. Judgment of March 9, 2018. Series C No. 351, para. 278.
53
Cf. Case of Guachalá Chimbo et al. v. Ecuador. Merits, Reparations, and Costs. Judgment of March 26,
2021. Series C No. 423, para. 79, and Case of Vera Rojas et al. v. Chile. Preliminary Objections, Merits,
Reparations, and Costs. Judgment of October 1, 2021. Series C No. 439, para. 101.
54
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