State disregarded its obligations to respect and to ensure Manuela’s rights – and I therefore voted in favor of the fifth operative paragraph, I must express my position which is contrary to the justiciability of the right to health through Article 26 of the American Convention. 4. I am repeating the foregoing because I consider it essential to state that, even though this position is being reiterated constantly in inter-American case law and, thus, has acquired a sort of legal effect, the reasons on which it is grounded still suffer from the contradictions that I have expressed since the case of Lagos del Campo v. Peru. Humberto Antonio Sierra Porto Judge Pablo Saavedra Alessandri Secretary 3