PARTIALLY DISSENTING OPINION OF
JUDGE HUMBERTO ANTONIO SIERRA PORTO
CASE OF NISSEN PESSOLANI V. PARAGUAY
JUDGMENT OF SEPTEMBER 7, 2022
(Merits, Reparations, and Costs)
1.
With the usual respect for the majority decisions of the Inter-American Court of
Human Rights (hereinafter the Court), this opinion aims to explain my dissent regarding
operative paragraph 4, in which the international responsibility of the State of Paraguay
(hereinafter "the State" or Paraguay) was declared for the violation of the right to job
security, to the detriment of Alejandro Nissen Pessolani.
2.
This opinion complements the position already expressed in my partially
dissenting opinions in the cases of Lagos del Campo v. Peru, 1 Dismissed Employees of
Petroperú et al. v. Peru, 2 San Miguel Sosa et al. v. Venezuela, 3 Muelle Flores v. Peru, 4
Hernández v. Argentina, 5 ANCEJUB-SUNAT v. Peru, 6 Indigenous Communities of the
Lhaka Honhat Association (Our Land) v. Argentina, 7 Employees of the Fireworks Factory
in Santo Antônio de Jesus and their families v. Brazil, 8 Casa Nina v. Peru, 9 Guachalá
1
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
Case of Dismissed Employees of Petroperú 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.
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.
3
4
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.
5
Case of Hernández v. Argentina. Preliminary objections, merits, reparations, and costs. Judgment of
November 22, 2019. Series C No. 395. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
Case of the National Association of Discharged and Retired Employees of the National Tax
Administration Superintendence (ANCEJUB-SUNAT) v. Peru. Preliminary objections, merits, reparations, and
costs. Judgment of November 21, 2019. Series C No. 39. Partially dissenting opinion of Judge Humberto
Antonio Sierra Porto.
6
7
Case of Indigenous Communities of the Lhaka Honhat Association (Our Land) v. Argentina. Merits,
Reparations, and Costs. Judgment of February 6, 2020. Series C No. 400. Partially dissenting opinion of Judge
Humberto Antonio Sierra Porto.
Case of the Employees of the Fireworks Factory in Santo Antônio de Jesus and their families v. Brazil.
Preliminary objections, merits, reparations, and costs. Judgment of July 15, 2020. Series C No. 407. Partially
dissenting opinion of Judge Humberto Antonio Sierra Porto.
8
9
Case of Casa Nina v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
November 24, 2020. Series C No. 419. Concurring and partially dissenting opinion of Judge Humberto Antonio
Sierra Porto.