CONCURRING AND PARTIALLY DISSENTING OPINION OF
JUDGE HUMBERTO ANTONIO SIERRA PORTO
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF GUEVARA DÍAZ V. COSTA RICA
JUDGMENT OF JUNE 22, 2022
(Merits, reparations and costs)
1.
With all due respect for the decisions of the Inter-American Court of Human
Rights (hereinafter "the Court"), the purpose of this opinion is to offer a partial dissent
regarding operative paragraph 2 of the judgment. That paragraph declares the State
of Costa Rica internationally responsible for violating the rights to equal protection
and to work, read in conjunction with the prohibition on discrimination, to the
detriment of Mr. Luis Fernando Guevara Díaz. For these purposes, I will address
(i) the relevance of the analysis of the right to work as an autonomous right in this
case; and (ii) the new change in the modality for declaring violations in operative
paragraphs.
2.
This opinion is complementary to the stance already expressed in my partially
dissenting opinions in the cases of Lagos del Campo v. Peru,1 Dismissed Employees
of Petroperú et al. v. Peru,2 San Miguel Sosa et al. v. Venezuela,3 Muelle Flores v.
Peru4, Hernández v. Argentina,5 ANCEJUB-SUNAT v. Peru,6 Indigenous Communities
of the Lhaka Honhat (Our Land) Association v. Argentina,7 Employees of the
Fireworks Factory of Santo Antonio de Jesus v. Brazil8, Casa Nina v. Peru,9 Guachalá
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
Case of Dismissed Employees of Petroperú et al. 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
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
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.
4
Case of Hernández v. Argentina. Preliminary Objections, Merits, Reparations and Costs. Judgment
of November 22, 2019. Series C No. 395. Partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
5
Case of the National Association of Discharged and Retired Employees of the National Tax
Administration Superintendence v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment
of November 21, 2019. Series C No. 39. Partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
6
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.
7
Case of the Employees of the Fireworks Factory of Santo Antonio de Jesus v. Brazil. Preliminary
Objections, Merits, Reparations, and Costs. Judgment of July 15, 2020. Series C No. 407. Partially
dissenting opinion of Judge Humberto Antonio Sierra Porto.
8
Case of Casa Nina v. Peru. Preliminary Objections, Merits, Reparations, and Costs. Judgment
dated November 24, 2020. Series C No. 419. Concurring and partially dissenting opinion of Judge
Humberto Antonio Sierra Porto.
9