98. Similarly, the United Nations Committee on Economic, Social, and Cultural Rights stated in its General Comment No. 965 that, “Within the limits of the appropriate exercise of their functions of judicial review, courts should take account of [International] Covenant [on Economic, Social, and Cultural Rights] rights where this is necessary to ensure that the State's conduct is consistent with its obligations under the Covenant. Neglect by the courts of this responsibility is incompatible with the principle of the rule of law, which must always be taken to include respect for international human rights obligations.” iii) Analysis of the specific case 99. The established facts in this case reflect that Mr. Lagos del Campo’s dismissal was ordered by a private company, following the dissemination in the press of statements he made in his capacity as the representative of a workers’ organization (Industrial Community) established to ensure effective employee participation in the assets and management of the company, pursuant to the law in force at the time (Industrial Community Law - Decree Law 21789, supra paras. 42-46). 100. During the 1988-1989 term, Alfredo Lagos del Campo served as the president of the Electoral Committee of the Industrial Community of the Ceper-Pirelli Company, an entity responsible for holding elections to select the members of the Industrial Community Board and the representatives to the company’s Board of Directors for that term (supra para. 48). 101. The decision to terminate Mr. Lagos del Campo Lagos del Campo from his employment was subsequently affirmed by the national courts of Peru. 102. The IACHR finds that the dismissal was an act of interference by a non-State actor in Alfredo Lagos del Campo’s exercise of the right to freedom of thought and expression as a labor representative. In these kinds of cases, the Commission must examine whether the State—particularly through its judicial authorities—complied with its duty to guarantee the alleged victim’s right to freedom of expression in the context of labor relations, bearing in mind the scope of this right recognized in the American Convention. Accordingly, the work of the Commission consists of determining whether the penalty of dismissal imposed against Mr. Lagos del Campo was legitimate under the above-described terms of the American Convention (supra para. 73-98). 103. The Commission reiterates that when analyzing a possible violation of the right to freedom of expression of representatives of workers and union leaders, it should pay special attention to freedom of expression’s close relationship to freedom of association in the workplace. In this regard, in application of the principle of iura novit curia, the Commission considers it necessary to evaluate the compliance with the requirements of Article 13 of the American Convention, interpreting this provision in light of the right of association enshrined in Article 16.1 the treaty66. The Commission observes that although its admissibility report did not analyze a possible violation of Article 16.1 of the Convention, and this right was not subsequently alleged by the petitioners, it is undeniable that the facts in dispute that may support the existence of such violation arise from the information and evidence provided by the parties during the proceedings before the Commission for which the State had the opportunity to offer their comments. The restriction is provided for by law 104. The first step to assess whether the restriction placed on freedom of expression examined herein is permissible in the light of the Convention requires examining if this restriction is provided for by law, both formally and substantially. As the Inter-American Commission and Court have indicated, the 65 United Nations. Committee on Economic, Social, and Cultural Rights. Application of the International Covenant on Economic, Social, and Cultural Rights, General Comment 9. The domestic application of the Covenant (Nineteenth session, 1998), U.N. Doc. E/C.12/1998/24 (1998), para. 14. 66 According to Article 16.1 of the American Convention, “Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes”. 20