93
322. When it comes to human rights defenders, the right to freedom of association protected
under Article 16 of the American Convention encompasses, inter alia, the right to freely form and
participate in organizations, associations or non-governmental groups devoted to human rights
oversight and promotion and reporting violations of these rights.455
323. The bodies of the Inter-American system have pronounced on the dual dimension of the
right to freely associate protected under Article 16 of the American Convention.456 This guarantee
entails, on the one hand, that public authorities not limit or hamper the exercise thereof;457 and, on the
other hand, the second dimension presupposes the obligation of States to create the legal and actual
conditions in which defenders are able to freely perform their job.458
324. In view of these standards, the Inter-American Court has established that States have
the duty to facilitate the means necessary for defenders to freely conduct their activities; protect them
when they are the targets of threats to avoid assaults of their lives and integrity; refrain from imposing
obstacles that hamper them from performing their job; and seriously and effectively investigate
violations perpetrated against them, while combating impunity.459 An obligation of the State to ensure
that all persons are able to freely exercise their right to associate without fear of being subjected to any
violence stems from these principles.460 Accordingly, the IACHR has established that “any act that tends
to impede the association of human rights defenders, or in any way impedes the purposes for which
they have formally associated, is a direct attack on the defense of human rights.”461
325. Based on these considerations, the State can be considered responsible under article 16
of the American Convention when it fails to adopt reasonable measures of prevention of determined
acts of violence which occur in the framework of an armed conflict, which discourage joining or
b.
The exercise of this right shall be subject only to such restrictions established by law as may be necessary in a
democratic society, in the interest of national security, public safety or public order, or to protect public
health or morals or the rights and freedoms of others.
c.
The provisions of this article do not bar the imposition of legal restrictions, including even deprivation of the
exercise of the right of association, on members of the armed forces and the police.
455
IA Court of HR, Case of Kawas Fernández v. Honduras. Merits, Reparation, and Costs. Judgment April 3, 2009.
Series C No. 196, par. 146.
456
IA Court of HR, Case of Huilca Tecse v. Peru. Merits, Reparation and Costs. Judgment March 03, 2005. Series C No.
121, pars. 69-72; IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1,
March 7, 2006, par. 71.
457
IA Court of HR, Case of Baena Ricardo et al v. Panama, Judgment February 2, 2001, Series C No. 72, par. 156; Case
of Kawas Fernández v. Honduras. Judgment April 3, 2009. Series C No. 196, par. 143.
458
IA Court of HR, Case of Kawas Fernández v. Honduras. Merits, Reparation, and Costs. Judgment April 3, 2009.
Series C No. 196, par. 146.
459
IA Court of HR, Case of Nogueira de Carvalho et al v. Brazil. Preliminary Objections and Merits. Judgment
November 28, 2006. Series C No. 161, par. 77; IA Court of HR, Case of Valle Jaramillo v. Colombia. Merits, Reparation and Costs.
Judgment November 27, 2008. Series C No. 192, par. 91.
460
IA Court of HR, Case of Huilca Tecse v. Peru. Merits, Reparation and Costs. Judgment March 03, 2005. Series C No.
121, par. 76.
461
IACHR, Report on the Situation of Human Rights Defenders in the Americas, OEA/Ser.L/V/II.124 Doc. 5 rev. 1,
March 7, 2006, par. 76.