CONCURRING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF MANUELA ET AL. V. EL SALVADOR
JUDGMENT OF NOVEMBER 2, 2021
(Preliminary objections, merits, reparations and costs)
1.
With my usual respect for the majority decisions of the Inter-American Court of
Human Rights (hereinafter “the Court”), the purpose of this opinion is to explain my
partial discrepancy with the fifth operative paragraph in which the international
responsibility of the State of El Salvador (hereinafter “the State” or “El Salvador”) is
declared for the joint violation of the rights to life, personal integrity, privacy, equality
before the law and health in relation to the obligations to respect and to ensure these
rights without discrimination and the duty to adopt domestic legal provisions, to the
detriment of Manuela. This opinion supplements the position I have already expressed
in my partially dissenting opinions in the cases of Lagos del Campo v. Peru,1 the
Dismissed Employees of PetroPeru 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 the National Association of
Discharged and Retired Employees of the National Tax Administration Superintendence
(ANCEJUB-SUNAT) v. Peru,6 Hernández v. Argentina,7 the Indigenous Communities of
the Lhaka Honhat (Our Land) Association v. Argentina,8 Guachalá Chimbo et al. v.
Ecuador9; as well an in my concurring opinions in the cases of Gonzales Lluy et al. v.
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 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.
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
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.
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 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 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
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.
9
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