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the reparations because of its permissive 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