Ecuador,10 FEMAPOR v. Peru,11 and Guevara Díaz v. Costa Rica12; as well as in my
concurring opinions in the cases Gonzales Lluy et al. v. Ecuador,13 Poblete Vilches et al.
v. Chile,14 Cuscul Pivaral et al. v. Guatemala,15 Buzos Miskito v. Honduras,16 Vera Rojas
et al. v. Chile,17 Manuela et al. v. El Salvador,18 Former Employees of the Judiciary v.
Guatemala,19 Palacio Urrutia v. Ecuador,20 and Pavez Pavez v. Chile,21 in relation to the
justiciability of economic, social, cultural, and environmental rights (hereinafter
"ESCER") through Article 26 of the American Convention on Human Rights (hereinafter
"the Convention" or "ACHR)."
3.
On previous occasions, I have expressed the reasons why I consider that there
are logical and legal inconsistencies in the legal opinion adopted by the majority of the
Court regarding the direct and autonomous justiciability of the ESCER through Article 26
of the Convention. This position ignores the rules of interpretation of the Vienna
Convention on the Rights of Treaties,22 changes the nature of the obligation of
progressivity,23 ignores the will of the States expressed in the Protocol of San Salvador,24
and undermines the legitimacy of the Court25; just to mention a few arguments.
However, my purpose on this occasion is to highlight the irrelevance of the analysis of
Article 26 in the case of a case that specifically concerns public officials and can be
adequately addressed through Article 23 of the Convention.
4.
In the case, in addition to substantiating the violations of judicial guarantees,
which I fully concur with, the Court considered that there was a violation of the right of
Case of Guachalá Chimbo et al. v. Ecuador. Merits, Reparations, and Costs. Judgment of March 26,
2021. Series C No. 423. Concurrent and partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
11
Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary objections,
Merits, and Reparations. Judgment of February 1, 2022. Series C No. 448. Partially dissenting opinion of Judge
Humberto Antonio Sierra Porto.
12
Case of Guevara Díaz v. Costa Rica. Merits, Reparations, and Costs. Judgment of June 22, 2022. Series
C No. 453. Concurrent and partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
13
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.
14
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.
15
Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objections, Merits, Reparations, and Costs.
Judgment of August 23, 2018. Series C No. 359. Concurring opinion of Judge Humberto Antonio Sierra Porto.
16
Case of the Buzos Miskito (Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021. Series C
No. 432. Concurrent opinion of Judge Humberto Antonio Sierra Porto.
17
Case of Vera Rojas et al. v. Chile. Preliminary objections, Merits, Reparations, and Costs. Judgment
of September 1, 2021. Series C No. Concurrent opinion of Judge Humberto Antonio Sierra Porto.
10
Case of Manuela et al. v. El Salvador. Preliminary objections, Merits, Reparations, and Costs.
Judgment of November 2, 2021. Series C No. 441. Concurrent opinion of Judge Humberto Antonio Sierra Porto.
18
19
Case of the Former Employees of the Judiciary v. Guatemala. Preliminary objections, Merits, and
Reparations. Judgment of November 17, 2021. Series C No. 445. Concurrent opinion of Judge Humberto
Antonio Sierra Porto.
20
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.
21
Case of Pavez Pavez vs. Chile. Merits, Reparations, and Costs. Judgment of February 4, 2022. Series
C No. 449. Concurring opinion of Judge Humberto Antonio Sierra Porto.
22
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.
23
Cf. Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objections, Merits, Reparations, and Costs.
Judgment of August 23, 2018. Series C No. 359. Concurring opinion of Judge Humberto Antonio Sierra Porto.
24
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.
25
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.
2