111. With respect to freedom of association, Article 16(1) of the American Convention recognizes
the right of persons to associate freely for ideological, religious, political, economic, labor, cultural,
sporting or any other purpose. This Court has pointed out that the right of association enables
individuals to create or participate in entities or organizations for the purpose of acting collectively
in pursuit of the most diverse objectives, as long as these are legitimate. 119 The Court has
established that those under the jurisdiction of the States Parties have the right to associate freely
with other persons, without any intervention by the public authorities that could limit or impair
the exercise of the respective right. This matter, therefore, is about the basic right to constitute a
group for the pursuit of a lawful goal, without pressure or interference that may alter or denature
its objective. 120 The Court has likewise noted that freedom of association also gives rise to positive
obligations to prevent attacks on it, to protect those who exercise it and to investigate violations
of that freedom; this requires the adoption of positive measures, even in the sphere of relations
between individuals, should the case merit it. 121
112. In labor matters, this Court has established that freedom of association protects the right
to form trade union organizations and to implement their internal structure, activities and action
programs, without intervention by the public authorities that would limit or hinder the exercise of
the respective right. 122 At the same time, this freedom presupposes that each person may
determine, without coercion, whether he or she wishes to join the association. 123 In addition, the
State has the duty to ensure that individuals can freely exercise their freedom of association
without fear that they will be subjected to violence of any kind; otherwise, the ability of groups to
organize for the protection of their interests could be diminished. 124 In this regard, the Court has
emphasized that freedom of association in labor matters “is not exhausted with the theoretical
recognition of the right to form [trade unions], but also corresponds, inseparably, to the right to
use any appropriate means to exercise this freedom.” 125
113. With regard to the right to freedom of association, Article 45(c) and (g) of the OAS Charter
expressly states that employers and workers may associate freely for the defense and promotion
of their interests, including the right of workers to collective bargaining and to strike. Likewise,
Article XXII of the American Declaration recognizes the right of every person “to associate with
others to promote, exercise and protect his legitimate interests of a political, economic, religious,
social, cultural, professional, labor union or other nature.”
114. Thus, the Court has established that the protection of freedom of association fulfills an
important social function, since the work of trade unions makes it possible to safeguard or improve
the working and living conditions of workers, and to that extent its protection enables the
realization of other human rights. In this sense, the protection of the right to collective bargaining
Cf. Case of Escher et al. v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 6,
2009. Series C No. 200, para. 169 and Advisory Opinion OC-27/2, supra, para. 121.
119
120
121.
Cf. Case of Baena Ricardo et al. v. Panama, supra, para. 156 and Advisory Opinion OC-27/21, supra, para.
121
Cf. Case of Huilca Tecse v. Peru. Merits, reparations and costs. Judgment of March 3, 2005. Series C No.
121, para. 76, and Advisory Opinion OC-27/21, supra, para. 121.
122
71.
123
71.
Cf. Case of Baena Ricardo et al. v. Panama, supra, para. 156 and Advisory Opinion OC-27/21, supra, para.
Cf. Case of Baena Ricardo et al. v. Panama, supra, para. 158, and Advisory Opinion OC-27/21, supra, para.
124
Cf. Case of Huilca Tecse v. Peru, supra, para. 77, and Advisory Opinion OC-27/21, supra, para. 71.
125
Cf. Case of Huilca Tecse v. Peru, supra, para. 70, and Advisory Opinion OC-27/21, supra, para. 71.
33