A. Rights to life, freedom of thought and expression, and freedom of association (Articles 4.1,44 13.1,45
and 16.146 of the American Convention in conjunction with Article 1.1 thereof)
47. Both the Commission and the Inter-American Court have pointed out that the right to life is a prerequisite
for the enjoyment of all other human rights and if it is not respected all other rights are meaningless. 47
Moreover, compliance with the obligations derived from Article 4.1 of the Convention not only presupposes
that no one is deprived of his or her life arbitrarily; it also establishes the duty of States to prevent their agents
violating that right.48 The Court added:
States must adopt all necessary measures to create a legal framework that deters any possible threat to the right
to life; establish an effective legal system to investigate, punish, and redress deprivation of life by State officials or
private individuals; and guarantee the right to unimpeded access to conditions for a dignified life. Especially,
States must see that their security forces, which are entitled to use legitimate force, respect the right to life of the
individuals under their jurisdiction.49
48. Regarding the right to freedom of expression established in Article 13 of the American Convention, the
IACHR has emphasized its broad scope and has examined the provision in the Convention that protects it from
several angles through which human beings relate to information. 50 Both the IACHR and the Court have
adopted this broad interpretation of the right to freedom of thought and expression by analyzing its two
dimensions: individual and social. Thus, the Inter-American Court has found that the right to freedom of
thought and expression grants those who are protected by the American Convention not only the right and
freedom to express their thoughts, but also the right and freedom to seek, receive and disseminate information
and ideas of all kinds.51 The Commission stresses that this right may be impaired when human rights defenders,
including trade union leaders, are victims of acts of aggression, threats, and harassment. That is so inasmuch
as such acts may silence or intimidate persons exercising their right to be critical or to file complaints against
alleged human rights violations.
49. Regarding the right to freedom of association established in Article 16 of the American Convention, the
Commission once again points out that it has two dimensions: one individual, and the other social. On the one
hand that implies that "those who are protected by the Convention (...) have the right and freedom to associate
freely with other persons, without the interference of the public authorities limiting or obstructing the exercise
of the respective right."52 The IACHR has also pointed out that “they also enjoy the right and freedom to seek
the common achievement of a licit goal, without pressure or interference that could alter or change their
purpose.”53
50. For its part, the Court has maintained that these rights are especially applicable in labor contexts, so that
the State must respect and guarantee them so that workers or their representatives can exercise them fully.
Article 4.1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment
of conception. No one shall be arbitrarily deprived of his life.
45 Article 13.1. 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.
46 Article 16.1. Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other
purposes.
47 IACHR. Report No. 33/13. Case 11.576, Admissibility and Merits. José Luis García Ibarra and family. 1 Ecuador, July 10, 2013, par. 129.
I/A Court H.R. The “Street Children” Case (Villagrán Morales et al.) v. Guatemala. Merits. Judgment of November 19, 1999. Series C No. 63,
par. 144.
48 I/A Court H.R. Case of Zambrano-Vélez et al. v. Ecuador, Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 166, par.
80; The “Street Children” Case (Villagrán Morales et al.) v. Guatemala. Judgment on the Merits, Judgment of November 19, 1999. Series C No.
63, par. 144.
49 I/A Court H.R. Case of Montero Aranguren et al. (Detention Center of Catia) v. Venezuela. Judgment of July 5, 2006. Series C No. 150, par.
66.
50 IACHR. Case 12.442, Suit brought before the Inter-American Court of Human Rights, Gabriela Perozo et al., Venezuela, April 12, 2007,
par. 141.
51 I/A Court H.R. Case of Herrera Ulloa v. Costa Rica. Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series
C No. 107, par. 108.
52 I/A Court H.R. Case of Huilca Tecse v. Peru. Merits, Reparations, and Costs. Judgment of March 3, 2005, Series C No. 121, par. 69.
53 IACHR. Report No. 56/12. Case 12.775, Merits. Florentín Gudiel et al. Guatemala. March 21, 2012, par. 216.
44
9