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

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