PARTIALLY DISSENTING OPINION OF THE
JUDGE HUMBERTO ANTONIO SIERRA PORTO
CASE OF MINA CUERO V. ECUADOR
JUDGMENT OF SEPTEMBER 7, 2022
(Preliminary objections, Merits, Reparations and Costs)
1.
With due respect to the majority decisions of the Inter-American Court of Human
Rights (hereinafter the Court), this vote aims to explain my dissent regarding resolution
point 5, in which the international responsibility of the State of Ecuador (hereinafter "the
State" or Ecuador) was declared for the violation of the right to work, to the detriment
of Víctor Henrry Mina Cuero.
2.
This vote complements the position 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. Peru,4 Hernández
v. Argentina,5 ANCEJUB-SUNAT v. Peru,6 Indigenous Communities of the Lhaka Honhat
Association (Our Land) v. Argentina,7 Employees of the Fireworks Factory in Santo
Antônio de Jesus and their families v. Brazil,8 Casa Nina v. Peru,9 Guachalá Chimbo v.
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.
2
Case of Dismissed Employees of Petroperú et al. v. 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.
3
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.
4
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.
5
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.
6
Case of the National Association of Discharged and Retired Employees of the National Tax
Administration Superintendence (ANCEJUB-SUNAT) 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.
7
Case of Indigenous Communities of the Lhaka Honhat Association (Our Land) v. Argentina. Merits,
Reparations, and Costs. Judgment of February 6, 2020. Series C No. 400. Partially dissenting opinion of Judge
Humberto Antonio Sierra Porto.
8
Case of the Employees of the Fireworks Factory in Santo Antônio de Jesus and their families 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.
9
Case of Casa Nina v. Peru. Preliminary objections, Merits, Reparations, and Costs. Judgment of
November 24, 2020. Series C No. 419. Concurrent and partially dissenting opinion of Judge Humberto Antonio
Sierra Porto.
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