The Inter-American Court of Human Rights, presided over by Judge Ricardo Pérez Manrique, condemns Costa Rica for discriminating against disabled worker Guevara Díaz.
In 2003, Mr. Guevara Díaz was removed from his post as a miscellaneous clerk in the Ministry of Finance. Both in the internal procedure and in the admissibility and merits procedure before the IACHR, the violation of his rights was alleged, as he was the victim of discrimination because of his disability.
During the public hearing held on March 24, 2022, Costa Rica acknowledged its international responsibility. In addition, a public apology was issued to Fernando Guevara Díaz and his family members.
The Costa Rican representative pointed out that what happened in this case was completely atypical, departing from the efforts that the State has historically undertaken to ensure the social inclusion of people with disabilities, as well as the development of effective measures to improve their quality of life. life in all areas.
The IACHR unanimously determined that the state was responsible for the violation of Guevara’s rights. The Court declared that Costa Rica had violated the right to work, equality before the law, and judicial guarantees and protection, established in Articles 8, 24, 25, and 26 of the American Convention.
As part of the reparation measures, the IACHR ordered the adoption of all necessary measures so that Fernando Guevara be appointed to a position of hierarchy equal to or higher than that for which he competed or to another position appropriate to his skills. and his needs.
In addition, a training plan for officials of the Ministry of Finance on equality and non-discrimination of persons with disabilities must be implemented.
“From the Ministry of Foreign Affairs, we believed, with complete conviction, that the defense of these issues must be governed by the principles of the Costa Rican rule of law. The State will comply with this judgment according to the principle of good faith which guides the respect of treaty obligations”, declared the Minister of Foreign Affairs Arnoldo André.
The country must implement corrective and preventive measures to prevent this from happening. The facts in support of this case are reprehensible since any individual in a situation of vulnerability must benefit from special protection and full rights.
This is the second condemnation issued by the IACHR against Costa Rica last week. Previously, the IACHR had sanctioned the country for violating the freedom of the press of two La Nación journalists.