CONCURRING OPINION OF
JUDGE HUMBERTO ANTONIO SIERRA PORTO
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF PAVEZ PAVEZ V. CHILE
JUDGMENT OF FEBRUARY 4, 2022
(Merits, Reparations and Costs)
1.
With my customary respect for the majority decisions of the Inter-American Court
of Human Rights (hereinafter “the Court”), I offer the present opinion with the aim of
explaining my disagreement with the second operative paragraph, in which the Court
declared the international responsibility of the State of Chile (hereinafter “the State” or
“Chile”) for the violation of the rights to personal liberty, privacy, and to work, to the
detriment of Sandra Pavez Pavez. This opinion complements the position I have already
expressed in my partially dissenting opinions in the following cases: Lagos del Campo v.
Peru 1, Dismissed Workers of PetroPerú 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 National
Association of Discharged and Retired Employees of the National Tax Administration
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 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
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
5
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.
1