Pavez Pavez v. Chile

In this section

This case is about a religious education teacher in a public school in Chile who was terminated from employment after she came out as lesbian. Catholic church authorities had denied her the certification of suitability to teach religion required under State law on morality grounds. The Court found the State in violation of several articles of the American Convention, including Article 26.

Case Summary: Pavez Pavez v. Chile

Year

2022

Country

Topics

Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Issues

Due Process Rights

Violations Against The Inter-American Convention On Human Rights

Article 2 Obligation to Give Domestic Legal Effect to Rights

Article 7(1) Right to Personal Liberty and Security

Article 8(1) Right to a Hearing Within Reasonable Time by a Competent and Independent Tribunal

Article 11(2) Prohibition of Arbitrary Interference with Private Life, Family, Home, Correspondence, and of Unlawful Attacks on Honor and Dignity

Article 24 Right to Equal Protection

Article 23(1)(c) Right to Have Access to Public Service

Article 25 Right to Judicial Protection

Article 26 Duty to Progressively Develop Economic, Social, and Cultural Rights

Did the State Accept International Responsibility?

Did the State Raise Preliminary Objections?

Judges

Odio Benito, Elizabeth

Pazmino Freire, L. Patricio

Porto, Humberto Sierra

Raul Zaffaroni, Eugenio

Ricardo Pérez Manrique

Mac-Gregor Poisot, Eduardo Ferrer

Separate Opinions

Porto, Humberto Sierra

Reparations

Implement Effective Administrative Process

Judgment as a Form of Reparation

Publicly Acknowledge International Responsibility

Publish the Judgment

Train State Officials in Human Rights

Case Summary

Yes