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approach to the method of compliance for other related forms of reparation (consisting in
obligations to do something, such as, for instance, the creation of a jurisdictional body to
provide reparations), apparently under the negative influence, precisely, of its incorrect view of
“obligations of means or conduct", "rather than obligations to ensure results," in this area of
protection.
60.
Based on the foregoing, I have thus found it necessary to issue this Dissenting Opinion
to oppose such view, which I consider to be unduly permissive, taken by the majority of the
Court, and to provide the legal reasons supporting my strong dissent therefrom. Lastly, as
indicated in my Separate Opinion (para. 7) to the previous Judgment on merits and
reparations issued in the instant Case of the Dismissed Congressional Employees, in my
opinion all human rights, including economic, social and cultural rights, are promptly and
immediately enforceable and justiciable, and the best way to begin to specifically express this
legal position is by using the fair trial guarantee as a starting point, as I have sought to argue
and justify in this Dissenting Opinion.
Antônio Augusto Cançado-Trindade
Judge
Pablo Saavedra-Alessandri
Secretary