concurring opinions in the cases of Gonzales Lluy et al. v. Ecuador, 13 Poblete Vilches et al. v. Chile, 14 Cuscul Pivaral et al. v. Guatemala, 15 Miskito Divers v. Honduras, 16 Vera Rojas et al. v. Chile, 17 Manuela et al. v. El Salvador, 18 Former Employees of the Judiciary v. Guatemala, 19 Palacio Urrutia v. Ecuador 20 and Pavez Pavez v. Chile, 21 in relation to the justiciability of the economic, social, cultural and environmental rights (hereinafter ESCER) under Article 26 of the American Convention on Human Rights. 3. Since 2017 and without interruption, I have emphasized the logical and legal inconsistencies of the direct and autonomous justiciability of the ESCER under Article 26 of the Convention. The position assumed by the majority of the Court disregards the rules of interpretation of the Vienna Convention on the Law of Treaties, 22 alters the nature of the obligation of progressivity textually established in Article 26, 23 ignores the intention of the States reflected in the Protocol of San Salvador 24 and undermines the legitimacy of the Court by unjustifiably expanding its competence; 25 to mention only some arguments. 4. On this occasion, I am not going to examine further, either this point or the difficulties in relation to the case law concerning the right to health; in this regard, I refer back to my previous opinions. 26 In the instant case, I wish to point out how the majority position of the Court in relation to the right to health derived from Article Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298. Concurring opinion of Judge Humberto Antonio Sierra Porto. 14 Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C No. 349. Concurring opinion of Judge Humberto Antonio Sierra Porto. 15 Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of August 23, 2018. Series C No. 359. Concurring opinion of Judge Humberto Antonio Sierra Porto. 16 Case of the Miskito Divers (Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021. Series C No. 432. Concurring opinion of Judge Humberto Antonio Sierra Porto. 17 Case of Vera Rojas et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2021. Series C No. 439. Concurring opinion of Judge Humberto Antonio Sierra Porto. 18 Case of Manuela et al. v. El Salvador. Preliminary objections, merits, reparations and costs. Judgment of November 2, 2021. Series C No. 441. Concurring opinion of Judge Humberto Antonio Sierra Porto. 19 Case of the Former Employees of the Judiciary v. Guatemala. Preliminary objections, merits and reparations. Judgment of November 17, 2021. Series C No. 445. Concurring opinion of Judge Humberto Antonio Sierra Porto. 20 Case of Palacio Urrutia et al. v. Ecuador. Merits, reparations and costs. Judgment of November 24, 2021. Series C No. 446. Concurring opinion of Judge Humberto Antonio Sierra Porto. 21 Case of Pavez Pavez v. Chile. Merits, reparations and costs. Judgment of February 4, 2022. Series C No. 449. Concurring opinion of Judge Humberto Antonio Sierra Porto. 22 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. 23 Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of August 23, 2018. Series C No. 359. Concurring opinion of Judge Humberto Antonio Sierra Porto. 24 Cf. Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C No. 349. Concurring opinion of Judge Humberto Antonio Sierra Porto. 25 Cf. Case 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. 26 Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298. Concurring opinion of Judge Humberto Antonio Sierra Porto; Case of Poblete Vilches et al. v. Chile. Merits, reparations and costs. Judgment of March 8, 2018. Series C No. 349. Concurring opinion of Judge Humberto Antonio Sierra Porto; Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of August 23, 2018. Series C No. 359. Concurring opinion of Judge Humberto Antonio Sierra Porto; 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; 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. 13 2