PARTIALLY DISSENTING OPINION BY
JUDGE HUMBERTO ANTONIO SIERRA PORTO
CASE OF AGUINAGA AILLÓN v. ECUADOR
JUDGMENT OF January 30, 2023
(Merits, Reparations and Costs)
1.
This opinion is offered with all due respect for the majority decisions of the InterAmerican Court of Human Rights (hereinafter the Court), to explain my disagreement
with operative paragraph four, which finds the State of Ecuador (hereinafter “the State”
or “Ecuador”) internationally responsible for violating the right to work, in injury of Carlos
Julio Aguinaga Aillón.
2.
This opinion stands alongside the position I have already taken 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
of Santo Antônio de Jesus and their families v. Brazil, 8 Casa Nina v. Peru, 9 Guachalá
Chimbo v. Ecuador, 10 and FEMAPOR v. Peru, 11 Guevara Díaz v. Costa Rica, 12 Mina Cuero
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 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.
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 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
Cf. 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
Cf. 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
Cf. 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.
8
Cf. Case of the Employees of the Fireworks 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
Cf. 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
Cf. Guachalá Chimbó 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
Cf. 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
Cf. 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.