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characters presented in this artistic work does not adjust to standards that, in
their opinion, should have been taken into account to describe them”. This
constitutes an unlawful interference in the right to maintain or change one’s
own convictions or beliefs and affects, per se, the right to freedom of
conscience of the people who it is alleged were wronged by the prohibition;
g.
The Convention not only establishes the right of the individual to
maintain or change his religious beliefs, but also to maintain or change any
type of belief; and
h.
Since the decision of the Supreme Court deprived the alleged victims
and society as a whole of access to information that could have allowed them
to maintain, change or modify their beliefs, there has been a violation of
Article 12 of the Convention in the instant case. The statements of the
witnesses, Ciro Colombara and Matías Insunza, provide evidence of this, when
they indicate how the censorship affected their freedom of conscience.
The State’s arguments
75.
The State argued that:
a.
The rights embodied in Articles 12 and 13 of the Convention are
absolutely autonomous in nature;
b.
The conduct that freedom of conscience and freedom of religion
recognize is that of maintaining one’s religion, changing it, professing it and
disseminating it. None of these behaviors is endangered when a person is
prohibited from seeing a film;
c.
There is complete religious freedom in Chile; and
d.
It requested the Court to declare that Chile has not violated the
freedom of conscience and religion embodied in Article 12 of the Convention.
*
*
*
Considerations of the Court
76.
Article 12 of the American Convention establishes that:
1.
Everyone has the right to freedom of conscience and of religion. This right
includes freedom to maintain or to change one’s religion or beliefs, and freedom to
profess or disseminate one’s religion or beliefs, either individually or together with
others, in pubic or in private.
2.
No one shall be subject to restrictions that might impair his freedom to
maintain or to change his religion or beliefs.
3.
Freedom to manifest one’s religious and beliefs may be subject only to the
limitations prescribed by law that are necessary to protect public safety, order, health,
or morals, or the rights or freedoms of others.
4.
Parents or guardians, as the case may be, have the right to provide for
religious and moral education of their children or wards that is in accord with their own
convictions.