101
Within the framework of the protection of human rights, the word laws would not make
sense without reference to the concept that such rights cannot be restricted at the sole
discretion of governmental authorities. To affirm otherwise would be to recognize in
those who govern virtually absolute power over their subjects. On the other hand, the
word " laws " acquires all of its logical and historical meaning if it is regarded as a
requirement of the necessary restriction of governmental interference in the area of
individual rights and freedoms.64
170. In like manner, “the Convention not only requires a law in order to legitimate
restrictions to the enjoyment or exercise of rights or freedoms, but also demands
that such laws be enacted for reasons of general interest and in accordance with the
purpose for which such restrictions have been established."65
171. In order to arrive at conclusions on whether or not the State violated the right
to freedom of association, the Court takes particularly into account the assertions
contained in the application of the Commission, the certifications in the record, and
the Recommendations of the Labour Union Freedom Committee of the ILO in solving
case N° 1569, which were neither contested nor denied by the State in connection
with the following facts: a) that Law 25 was issued 15 days after the events that
gave rise to the instant case; b) that the rules relative to the trade union domain
were not observed in relationship to the dismissal of the workers; c) that the
workers unions’ premises were blocked and that their banking accounts were
intervened; and d) that numerous dismissed workers were leaders of trade union
organizations.
172. No evidence has been provided to the Court to prove that the measures
adopted by the State were necessary to safeguard the public order in the context of
the events, nor that they maintained a relationship to the principle of proportionality;
in sum, the Court feels that such measures did not meet the requirement of being
“necessary in a democratic society” enshrined in Article 16(2) of the Convention.
173. In respect of the foregoing, the Court concludes that the State violated the
right to freedom of association enshrined in Article 16 of the American Convention,
to the detriment of the 270 workers listed in paragraph 4 of this Judgment.
XIII
NON-COMPLIANCE WITH ARTICLES 1(1) AND 2
OBLIGATION TO RESPECT RIGHTS AND
DOMESTIC LEGAL EFFECTS
Arguments of the Commission
174.
that:
Concerning Articles 1(1), and 2 of the Convention, the Commission alleged
a)
Panama did not comply with the obligation to respect, to ensure
respect for, and to guarantee the rights of the victims in the instant case. In
addition to non-compliance with judicial guarantees, the judicial authorities
64
The word “laws” in Article 30 of the American Convention on Human Rights, Advisory Opinion OC6/86 of May 9, 1986. Series A N° 6, para 26 and 27.
65
28.
The word “laws” in Article 30 of the American Convention on Human Rights, supra note 64, para.
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