CONCURRING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO INTER-AMERICAN COURT OF HUMAN RIGHTS CASE OF THE FORMER EMPLOYEES OF THE JUDICIARY V. GUATEMALA JUDGMENT OF NOVEMBER 17, 2021 (Preliminary objections, Merits and Reparations) 1. With my customary respect for the decisions of the Inter-American Court of Human Rights (hereinafter the Court), I issue this opinion in order to explain my partial disagreement with the fourth operative paragraph in which the Court declared the international responsibility of the State of Guatemala (hereinafter “the State” or Guatemala) for the violation of the rights to strike, freedom of association, freedom to organize and the right to work and to social security, in relation to the obligation to respect and guarantee rights and the duty to adopt provisions of domestic law, to the detriment of the 65 former employees of the Judiciary of Guatemala listed in the Single Annex of the Judgment. This opinion complements the position I have already expressed in my partially dissenting opinions in the cases of Lagos del Campo v. Peru, 1 Dismissed Workers 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 (ANCEJUBSUNAT) v. Peru, 6 Hernández v. Argentina, 7 Indigenous Communities Members of the Lhaka Honhat (Our Land) Association v. Argentina 8, Guachalá Chimbo et al. v. Ecuador, 9 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 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. 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. 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. 394. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 7 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. Cf. Case of the Indigenous Communities Members of the Lhaka Honhat (Our Land) 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 9 Cf. Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations and costs. Judgment of March 26, 2021. Series C No. 423. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto. 1