CONCURRING AND PARTIALLY DISSENTING OPINION OF
JUDGE HUMBERTO ANTONIO SIERRA PORTO
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF CASA NINA V. PERU
JUDGMENT OF NOVEMBER 24, 2020
(Preliminary objections, merits, reparations and costs)
1. With my usual respect for the majority decision of the InterAmerican Court of Human Rights (hereinafter “the Court”), the
purpose of this opinion is to point out some discrepancies with
the Court’s analysis of the merits in relation to the international
responsibility of the State of Peru (hereinafter “the State” or
“Peru”). Also, to explain my partial dissent with the third
operative paragraph which declares violations of judicial
guarantees, together with the right to remain in the post under
general conditions of equality and the right to work of Julio Casa
Nina.
2. On this basis, I will address the following points: (i) the practice
of addressing the alleged violations in a single operative
paragraph and the justiciability of the economic, social, cultural
and environmental rights; (ii) the ambivalent interpretation of
Article 23 in relation to the removal from office of public officials;
(iii) the absence of a relationship between the notions of job
stability and the criteria that condition provisional appointments:
the term, and (iv) the scope of the concept of control of
conventionality in relation to the obligation to amend provisions
of domestic law and the concept of an effective judicial remedy.
3. This opinion supplements the position already expressed in my
partially dissenting opinions in the cases of Lagos del Campo v.
Peru,1 Dismissed Employees of PetroPeru et al. v. Peru,2 San
Miguel Sosa et al. v. Venezuela,3 Cuscul Pivaral et al. v.
Guatemala,4 Muelle Flores v. Peru,5 the National Association of
Discharged and Retired Employees of the National Tax
1
Cf. Case of Lagos del Campo v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of August 31, 2017. Series C No. 340. Partially dissenting opinion of Judge Humberto Antonio
Sierra Porto.
2
Cf. Case of the Discharged Employees of PetroPeru et al. v. Peru. Preliminary objections, merits,
reparations and costs. Judgment of November 23, 2017. Series C No. 344. Partially dissenting opinion of
Judge Humberto Antonio Sierra Porto.
3
Cf. Case of San Miguel Sosa et al. v. Venezuela. Merits, reparations and costs. Judgment of
February 8, 2018. Series C No. 348. Partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
4
Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and
costs. Judgment of August 23, 2018. Series C No. 359. Partially dissenting opinion of Judge Humberto
Antonio Sierra Porto.
5
Cf. Case of Muelle Flores v. Peru. Preliminary objections, merits, reparations and costs.
Judgment of March 6, 2019. Series C No. 375. Partially dissenting opinion of Judge Humberto Antonio
Sierra Porto.