CONCURRING OPINION OF JUDGE RICARDO C. PÉREZ MANRIQUE
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF MANUELA ET AL. V. EL SALVADOR
JUDGMENT OF NOVEMBER 2, 2021
(Preliminary objections, merits, reparations and costs)
I.
INTRODUCTION
1.
The judgment considers that the State of El Salvador is responsible for the violation
of the rights to personal liberty and the presumption of innocence pursuant to Articles 7(1),
7(3) and 8(2) of the American Convention on Human Rights (the Convention) in relation
to the obligations to respect and to ensure these rights and the duty to adopt domestic
legal provisions established in Articles 1(1) and 2 of this instrument, to the detriment of
Manuela. It also considers that the State is responsible for the violation of the right to
defense, the right to be tried by an impartial court, the presumption of innocence, the duty
to provide the reasons for a decision, the obligation not to apply the law in a discriminatory
manner, the right not to be subjected to cruel, inhuman or degrading punishment and the
obligation to ensure that the purpose of a prison sentence is the reform and social
rehabilitation of the person convicted pursuant to Articles 8(1), 8(2), 8(2)(d), 8(2)(e), 24,
5(2) and 5(6) of the Convention, in relation to the obligations to respect and to ensure
these rights without discrimination, and the duty to adopt domestic legal provisions
established in Articles 1(1) and 2 of this instrument. Furthermore, it considers the State
responsible for violating the rights to life, personal integrity, privacy, equality before the
law and health, pursuant to Articles 4, 5, 11, 24 and 26 of the Convention in relation to
the obligations to respect and to ensure these rights without discrimination, and the duty
to adopt domestic legal provisions established in Articles 1(1) and 2 of this instrument,
and also for failing to comply with its obligations under Article 7(a) of the Convention of
Belém do Pará, to the detriment of Manuela. Lastly, it considers the State responsible for
violating the right to personal integrity, recognized in Article 5(1) of the Convention in
relation to Article 1(1) of this instrument, to the detriment of Manuela’s mother, father,
and older and younger sons.
2.
In this opinion, I concur with the judgment and examine the way in which I consider
that the IACtHR should address cases involving violations of the economic, social, cultural
and environmental rights, based on the universality, indivisibility, interdependence and
interrelation of all human rights as grounds for their justiciability. Then, I will examine the
intersectionality of vulnerabilities and the structural discrimination of which Manuela was
a victim. Lastly, I will analyze the importance of including a gender perspective when
adjudicating a case such as that of Manuela.
II.
THE ISSUE OF THE RIGHT TO HEALTH OF MANUELA AS AN ECONOMIC,
SOCIAL AND CULTURAL RIGHT JUSTICIABLE PER SE
3.
As I have argued in previous opinions, and reiterating the rationale proposed in them,1
based on the universality, indivisibility, interdependence and interrelation of human rights, I
maintain the Court’s competence to examine individual violations of the economic, social,
cultural and environmental rights. I do so in the belief that human rights are interdependent
Cf. Among others, concurring opinion to the judgment of November 21, 2019, in the Case of the National
Association of Discharged and Retired Employees of the National Tax Administration Superintendence (AncejubSunat) v. Peru; to the judgment of November 22, 2019, in the Case of Hernández v. Argentina; to the judgment
of February 6, 2020, in the Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v.
Argentina, and to the judgment of July 15, 2020, in the Case the Workers of the Fireworks Factory in Santo
Antonio de Jesús and their families v. Brazil.
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