A. Political rights, freedom of expression and the principle of equality and nondiscrimination in the context of the dismissal (Articles 23.1, 13.1 and 13.3, 24 and 1.1 of the American Convention) 131. Article 23.1 of the American Convention states: 1. Every citizen shall enjoy the following rights and opportunities: a. to take part in the conduct of public affairs, directly or through freely chosen representatives; b. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and c. to have access, under general conditions of equality, to the public service of his country 132. Article 13 of the Convention provides in its pertinent part: 1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice. (…) 3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. 133. Article 24 of the Convention states: All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. 134. At this point the Commission will determine whether the dismissal of Rocío San Miguel Sosa, Magally Chang Girón, and Thais Coromoto Peña of public office in the CNF constitutes a violation of the rights mentioned above. This determination requires the Commission to rule first on whether it was an act motivated by the political opinion expressed by signing the petition to convene the recall referendum, or if as indicated by the State, if it was the application of the seventh clause of their employment contract. If it is an act motivated by politically opinion, the Commission will analyze whether such treatment is justified under the American Convention. 135. The Commission shall conduct the analysis described in the previous section in the following order: i) General considerations on political rights and their relation to the right to freedom of expression, the indirect restrictions on freedom of expression and the principle of equality and non-discrimination; ii) Analysis of whether the dismissal was based on the political opinion expressed by signing the petition for a recall referendum and, therefore, constituted a violation of political rights and freedom of expression; and iii) Analysis of whether the dismissal was an act of discrimination based on political opinion. 1. General considerations on political rights and their relation to the right to freedom of expression, the indirect restrictions on freedom of expression and the principle of equality and non-discrimination 26

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