PARTIALLY DISSENTING OPINION OF JUDGE EDUARDO VIO GROSSI
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF THE FORMER EMPLOYEES OF THE JUDICIARY V. GUATEMALA
JUDGMENT OF NOVEMBER 17, 2021
(Preliminary objections, Merits and Reparations)
1.
I submit this separate opinion regarding the judgment indicated in the title
because I do not agree with the reference made therein, in the fourth operative
paragraph, 1 with respect to Article of 26 the American Convention on Human Rights,
which, consequently, makes the violation of the rights referred to in said provision
justiciable before the Court.
2.
To this effect, I wish to reiterate the points I made in my partially dissenting
opinion regarding the Case of the Maya Kaqchikel Indigenous Peoples of Sumpango et
al. v. Guatemala, of October 6, 2021, except in relation to the last paragraph.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Registrar
“The State is responsible for the violation of the right to strike, to freedom of association, to freedom to
organize and the right to work and to job security, recognized in Articles 16 and 26 of the American Convention
on Human Rights, in relation to the obligation to respect and guarantee these rights and the duty to adopt
provisions of domestic law, recognized in Articles 1(1) and 2 thereof, to the detriment of the 65 individuals
listed in the single annex, pursuant to paragraphs 99 to 134 of this judgment.”
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