CONCURRING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF THE MISKITO DIVERS (LEMOTH MORRIS ET AL.) V. HONDURAS JUDGMENT OF AUGUST 31, 2021 (Merits, reparations and costs) 1. With my customary respect for the decisions of the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), I submit this concurring opinion in order to explain some discrepancies with regard to the analysis of the merits made by the Court, together with the endorsement of the friendly settlement agreement reached between the victims in this case and the State of Honduras (hereinafter “the State” or Honduras), based on which the international responsibility of the State was declared for the violation of the rights to life, to life with dignity, to personal integrity, to judicial guarantees, to the rights of the child, to equal protection of the law, to judicial protection, to health, to work in just, equitable and satisfactory conditions, to social security, and to equality and non-discrimination to the detriment of the 42 victims in this case named in Annex 1 of the judgment. This opinion complements the position already expressed 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 Cuscul Pivaral et al. v. Guatemala, 4 Muelle Flores v. Peru, 5 National Association of Discharged and Retired Employees of the National Tax Administration Superintendence (ANCEJUB-SUNAT) v. Peru, 6 Hernández v. Argentina, 7 Indigenous Communities Members of the Lhaka Honhat (Nuestra Tierra) Association v. Argentina, 8 Workers of the Fireworks Factory in Santo Antônio de Jesus and their 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. 1 Cf. Case of the Dismissed Employees of Petroperú et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of 23 November 2017. Series C No. 344. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 2 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. 3 4 Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of August 23, 2018. Series C No. 359. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 5 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. 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. 394. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 6 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. 7 Cf. Case of the Indigenous Communities Members of the Lhaka Honhat (Nuestra Tierra) 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