Chimbo v. Ecuador, 10 FEMAPOR v. Peru, 11 Guevara Díaz v. Costa Rica, 12 Mina Cuero v.
Ecuador, 13 Benites Cabrera v. Peru, 14 Valencia Campos et al. v. Bolivia, 15 and Brítez Arce
et al v. Argentina; 16 as well as in my concurring opinions in the cases Gonzales Lluy et
al. v. Ecuador, 17 Poblete Vilches et al. v. Chile, 18 Cuscul Pivaral et al. v. Guatemala, 19
the Buzos Miskitos v. Honduras, 20 Vera Rojas et al. v. Chile, 21 Manuela et al. v. El
Salvador, 22 Former Employees of the Judiciary v. Guatemala, 23 Palacio Urrutia v.
Ecuador, 24 and Pavez Pavez v. Chile, 25 in relation to the justiciability of economic, social,
cultural, and environmental rights (hereinafter "ESCER") through Article 26 of the
American Convention on Human Rights (hereinafter "the Convention" or "ACHR").
3.
On previous occasions, I have expressed the reasons why I consider that there
are logical and legal inconsistencies in the case law position adopted by the majority of
the Court regarding the direct and autonomous justiciability of the ESCER through Article
26 of the Convention. This position ignores the rules of interpretation of the Vienna
10
Case of Guachalá Chimbo et al. v. Ecuador. Merits, reparations, and costs. Judgment of March 26,
2021. Series C No. 423. Concurring and partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
11
Case of the National Federation of Maritime and Port Workers (FEMAPOR) v. Peru. Preliminary
objections, merits, and reparations. Judgment of February 1, 2022. Series C No. 448. Partially dissenting
opinion of Judge Humberto Antonio Sierra Porto.
12
Case of Guevara Díaz v. Costa Rica. Merits, reparations, and costs. Judgment of June 22, 2022. Series
C No. 453. Concurring and partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
13
Case of Mina Cuero v. Ecuador. Preliminary objections, merits, reparations, and costs. Judgment of
September 7, 2022. Series C No. 464. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
Case of Benites Cabrera et al v. Peru. Preliminary objections, merits, reparations, and costs. Judgment
of October 4, 2022. Series C No. 465. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
14
15
Case of Valencia Campos et al v. Bolivia. Preliminary objections, merits, reparations, and costs.
Judgment of October 18, 2022. Series C No. 469. Partially dissenting opinion of Judge Humberto Antonio Sierra
Porto.
16
Case of Brítez Arce v. Argentina. Merits, reparations, and costs. Judgment of November 16, 2022.
Series C No. 474. Partially dissenting opinion of Judge Humberto Antonio Sierra Porto.
17
Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations, and costs.
Judgment of September 1, 2015. Series C No. 298. Concurring opinion of Judge Humberto Antonio Sierra
Porto.
18
Case of Poblete Vilches et al. v. Chile. Merits, reparations, and costs. Judgment of March 8, 2018.
Series C No. 349. Concurring opinion of Judge Humberto Antonio Sierra Porto.
19
Case of Cuscul Pivaral et al. v. Guatemala. Preliminary objections, merits, reparations, and costs.
Judgment of August 23, 2018. Series C No. 359. Concurring opinion of Judge Humberto Antonio Sierra Porto.
Case of the Buzos Miskito (Lemoth Morris et al.) v. Honduras. Judgment of August 31, 2021. Series
C No. 432. Concurring opinion of Judge Humberto Antonio Sierra Porto.
20
21
Case of Vera Rojas et al. v. Chile. Preliminary objections, merits, reparations, and costs. Judgment of
September 1, 2021. Series C No. Concurring opinion of Judge Humberto Antonio Sierra Porto.
22
Case of Manuela et al. v. El Salvador. Preliminary objections, merits, reparations, and costs. Judgment
of November 2, 2021. Series C No. 441. Concurring opinion of Judge Humberto Antonio Sierra Porto.
23
Case of Former Employees of the Judiciary v. Guatemala. Preliminary objections, merits and
reparations. Judgment of November 17, 2021. Series C No. 445. Concurring opinion of Judge Humberto
Antonio Sierra Porto.
Case of Palacio Urrutia et al. v. Ecuador. Merits, reparations, and costs. Judgment of November 24,
2021. Series C No. 446. Concurring opinion of Judge Humberto Antonio Sierra Porto.
24
25
Case of Pavez Pavez v. Chile. Merits, reparations, and costs. Judgment of February 4, 2022. Series C
No. 449. Concurring opinion of Judge Humberto Antonio Sierra Porto.
2