v. Ecuador, 13 Valencia Campos et al. v. Bolivia, 14 Brítez Arce et al. v. Argentina, 15 and
Nissen Pessonali v. Paraguay; 16 also as in my concurring opinions in the cases of
Gonzales Lluy et al. v. Ecuador, 17 Poblete Vilches et al. v. Chile, 18 Cuscul Pivaral et al. v.
Guatemala, 19 Buzos Miskitos v. Honduras, 20 Vera Rojas et al. v. Chile, 21 Manuela et al.
v. El Salvador, 22 the Former Employees of the Judiciary v. Guatemala, 23 Palacio Urrutia
v. Ecuador 24 and Pavez Pavez v. Chile, 25 concerning the enforceability of economic,
social, cultural and environmental rights (hereinafter “ESCERs”) via Article 26 of the
American Convention on Human Rights (hereinafter “the Convention”).
3.
In my previous opinions, I outlined the reasons why I believe there are logical
and legal inconsistencies in the jurisprudential position taken by the majority of the Court
on the direct, autonomous enforceability of ESCERs under Article 26 of the Convention.
This majority position overlooks the rules of interpretation of the Vienna Convention on
the Law of Treaties, 26 alters the nature of the obligation of progressivity, 27 ignores the
will of the states as set forth in the Protocol of San Salvador, 28 and undermines the
Court’s legitimacy, 29 to mention only a few of the arguments. My purpose here, however,
is to demonstrate the irrelevance of the analysis of Article 26, as this case specifically
addresses a public official serving an entity that performed materially judicial duties, and
as a consequence, could be covered thoroughly enough on the basis of Convention Article
13
Cf. Case of Mina Cuero v. Ecuador. Preliminary Objection, Merits, Reparations and Costs. Judgment
of September 7, 2022. Series C No. 464. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
14
Cf. Case of Valencia Campos et al. v. Bolivia. Preliminary Objection, Merits, Reparations and Costs.
Judgment of October 18, 2022. Series C No. 469. Partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
15
Cf. Case of Brítez Arce v. Argentina. Merits, Reparations and Costs. Judgment of November 16, 2022.
Series C No. 474. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
16
Cf. Case of Nissen Pessolani v. Paraguay. Merits, Reparations and Costs. Judgment of November
21, 2022. Series C No. 477. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
17
Cf. 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.
18
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.
19
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.
20
Cf. Case of the Buzos Miskitos (Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021.
Series C No. 432. Concurring opinion of Judge Humberto Antonio Sierra Porto.
21
Cf. 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.
22
Cf. 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.
23
Cf. 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.
24
Cf. 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.
25
Cf. 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.
26
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.
27
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.
28
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.
29
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.