42
V.
CONCLUSIONS
167. In view of the considerations of fact and law set forth throughout this report, the InterAmerican Commission concludes that the State of Ecuador violated the rights enshrined in articles 24,
8(1) and 25(1) of the American Convention, in conjunction with Articles 1(1) and 2 of the same
instrument to the detriment of Homero Flor Freire.
VI.
RECOMMENDATIONS
168. Accordingly, the Inter-American Commission on Human Rights recommends that the
Ecuadorian State:
1.
Make full reparation to Mr. Homero Flor Freire in the terms indicated in this report,
both material and moral, including measures of satisfaction for the harm caused.
2.
Publicly recognize that Mr. Homero Flor Freire was discharged from the Ecuadorian
Army in a discriminatory manner.
3.
Adopt the state measures needed to ensure that persons who work within the
Ecuadorian Terrestrial Force or any other part of the Ecuadorian Army not be subject to discrimination
on grounds of their sexual orientation, actual or perceived.
4.
Take the state measures necessary for the personnel of the Ecuadorian Terrestrial Force
or any part of the Ecuadorian Army, as well as the courts of law in the military jurisdiction, be apprised
of the inter-American standards, and those of Ecuadorian domestic law, regarding non-discrimination
based on actual or perceived sexual orientation.
5.
Adopt the state measures necessary to guarantee the right to due process for members
of the military tried by courts in disciplinary proceedings, including the right to an impartial judge or
court.
Signed in the original
Mario López-Garelli
Por autorización del Secretario Ejecutivo