PARTIALLY DISSENTING OPINION OF JUDGE EDUARDO VIO GROSSI
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)
1.
This partially dissenting opinion with regard to the judgment in reference,1 is issued
to explain why I have dissented from three of its operative paragraphs, as indicated below.
2.
Evidently, and as in the case of the other separate opinions issued by the
undersigned, this opinion is issued, on the one hand, with full respect for the InterAmerican Court of Human Rights2 and all its members and, on the other hand, in
accordance with both the provisions that regulate the Court’s decisions,3 and also those
relating to individual opinions,4 all of this in order to collaborate towards the fullest
understanding of the decisions taken.
1
Hereinafter, the judgment.
2
Hereinafter, the Court.
Article 16 of the Court’s Rules of Procedure: “1. The President shall present, point by point, the matters
to be voted upon. Each Judge shall vote either in the affirmative or the negative; there shall be no abstentions.
2. The votes shall be cast in reverse order of precedence as established in Article 13 of the Statute.
3. The decisions of the Court shall be adopted by a majority of the Judges present at the time of the voting.
4. In the event of a tie, the President shall have a casting vote.”
3
Art. 32(1)(a) of the Court’s Rules of Procedure: ”The Court shall make public: its judgments, orders, opinions,
and other decisions, including separate opinions, dissenting or concurring, whenever they fulfill the
requirements set forth in Article 65(2) of these Rules.”
Art. of the Convention: “If the judgment does not represent in whole or in part the unanimous opinion
of the judges, any judge shall be entitled to have his dissenting or separate opinion attached to the judgment.”
4
Art. 24(3) of the Court’s Statute: “The decisions, judgments and opinions of the Court shall be delivered in
public session, and the parties shall be given written notification thereof. In addition, the decisions, judgments
and opinions shall be published, along with judges' individual votes and opinions and with such other data or
background information that the Court may deem appropriate.”
Art. 65(2) of the Court’s Rules of Procedure: “Any Judge who has taken part in the consideration of a case is
entitled to append a separate reasoned opinion to the judgment, concurring or dissenting. These opinions shall
be submitted within a time limit to be fixed by the President so that the other Judges may take cognizance
thereof before notice of the judgment is served. Said opinions shall only refer to the issues covered in the
judgment.”
1