PARTIALLY DISSENTING OPINION OF
JUDGE HUMBERTO ANTONIO SIERRA PORTO
CASE OF VALENCIA CAMPOS ET AL. V. BOLIVIA
JUDGMENT OF OCTOBER 18, 2022
1.
With my usual respect for the decisions of the Inter-American Court of Human
Rights (hereinafter “the Court”), the purpose of this opinion is to explain my dissent
with the fifteenth operative paragraph in which the international responsibility of the
State of Bolivia (hereinafter “the State” or “Bolivia”) is declared for the violation of
the right to health based on Article 26 of the American Convention on Human Rights
(hereinafter “the ACHR” or “the Convention”), to the detriment of Genaro Ahuacho
Luna, Alfredo Bazán and Rosas, Freddy Cáceres Castro, Carlos Eladio Cruz Añez,
Patricia Gallardo Ardúz, Oswaldo Lulleman Antezana, Luis Lulleman, Raúl Oswaldo
Lulleman Gutiérrez, Elacio Peña Córdova, F.E.P.M., Edwin Rodríguez Alarcón, Gabriel
Valencia Alarcón, Blas Valencia Campos and Mauricio Valenzuela Valencia.
2.
This opinion supplements the position already expressed in my partially
dissenting opinions in the cases of Lagos del Campo v. Peru, 1 Dismissed Workers of
PetroPeru 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 (Our Land) Association v. Argentina, 7 Workers of the Firework Factory
of Santo Antônio de Jesus v. Brazil, 8 Casa Nina v. Peru, 9 Guachalá Chimbo v.
Ecuador, 10 FEMAPOR v. Peru 11 and Guevara Díaz v. Costa Rica; 12 as well as in my
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 the Dismissed Workers 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
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
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 objection, merits, reparations and costs. Judgment
of November 22, 2019. Series C No. 395. Partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
6
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.
7
Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina.
Merits, reparations and costs. Judgment of February 6, 2020. Series C No. 400. Partially dissenting opinion
of Judge Humberto Antonio Sierra Porto.
8
Case of the Workers of the Firework Factory of Santo Antônio de Jesus 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.
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.
10
Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs. Judgment of March 26,
2021. Series C No. 423. Concurring and partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
11
Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary
objections, merits and reparations. Judgment of February 1, 2022. Series C No. 448. Partially dissenting
opinion of Judge Humberto Antonio Sierra Porto.
12
Case of Guevara Díaz v. Costa Rica. Merits, reparations and costs. Judgment of June 22, 2022.
Series C No. 453. Concurring and partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
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