State disregarded its obligations to respect and to ensure Manuela’s rights – and I
therefore voted in favor of the fifth operative paragraph, I must express my position
which is contrary to the justiciability of the right to health through Article 26 of the
American Convention.
4.
I am repeating the foregoing because I consider it essential to state that, even
though this position is being reiterated constantly in inter-American case law and, thus,
has acquired a sort of legal effect, the reasons on which it is grounded still suffer from
the contradictions that I have expressed since the case of Lagos del Campo v. Peru.
Humberto Antonio Sierra Porto
Judge
Pablo Saavedra Alessandri
Secretary
3
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