CONCURRING OPINION OF JUDGE ALBERTO PÉREZ PÉREZ CASE OF GONZALES LLUY ET AL. v. ECUADOR JUDGMENT OF SEPTEMBER 1, 2015 (Preliminary objections, merits, reparations and costs) 1. I share fully the content of the Judgment delivered in this case, and the profound feeling of solidarity with the victim and understanding of her sufferings. However, I have felt the need to issue a concurring opinion in view of the constant proposals made during the deliberation of the case to cite the right to health as the main right violated by the State’s actions. In other words, a right that is not included among those recognized by the American Convention on Human Rights, but rather among those recognized by the Protocol of San Salvador, and which is not one of the two rights that Article 19 of the Protocol includes under the specific system of protection; that is, the intervention of the organs of the system: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. I consider that those proposals were totally unfounded, for the following reasons. I. RECOGNITION OF RIGHTS AND INCLUSION IN THE PROTECTION SYSTEM 2. The American Convention plays a dual role with regard to the rights established therein: on the one hand it recognizes those rights and, on the other hand, it includes them in a protection system that is the substantial innovation made by this instrument. A. Recognition of rights 3. The American Convention recognizes the civil and political rights included in Chapter II of Part I:1 the right to recognition of juridical personality, the right to life, the right to humane treatment, the prohibition of slavery and servitude, the right to personal liberty, the right to judicial guarantees, the principle of legality and retroactivity, the right to compensation in case of miscarriage of justice, protection of honor and dignity, freedom of conscience and religion, freedom of thought and expression, the right to correction or reply, the right of assembly, freedom of association, protection of the family, the right to a name, the rights of the child, the right to nationality, the right to property, freedom of movement and residence, political rights, equality before the law and judicial protection. These are the rights and freedoms “included in the system of protection of this Convention.”2 4. This does not mean that the foregoing are the only rights and freedoms; it merely determines which of the rights and freedoms are included in the system of protection of the Convention: on the one hand, Articles 31, 76 and 77 regulate the way in which other rights could be included in the system of protection of the Convention; on the other hand, Article 29 (“Restrictions regarding interpretation,” included in Chapter IV, “Suspension of Guarantees, Interpretation, and Application”) recognizes other rights and guarantees (in particular “that are inherent in the human personality or derived from representative democracy as a form of government”), but mentions nothing about their inclusions in the system of protection. 1 In the draft considered by the Specialized Conference at which the Convention was adopted, this was entitled “Protected rights,” and included the article relating to the progressive development of economic, social and cultural rights. 2 Article 31 of the American Convention on Human Rights.