6
establish the enjoyment of that right that the Court order that the situation be returned
to its condition prior to the violation; in other words, before the end of the concession
held by Radio Caracas Televisión, making it unnecessary to determine the possible
autonomous violation of the right to private property alleged in this case.27
3.
Second, since this matter relates to freedom of thought and expression, it was
considered that, although the Convention only refers, in its Article 1(2), to the rights of
human beings28 – that is, natural persons, excluding legal persons from its scope – it is
no less certain that, since legal persons are an instrument for natural persons to be able
to achieve certain social objectives and therefore execute certain activities to that end, 29
the existence of these legal persons cannot constitute, in the practice or effectively, a
pretext for preventing the natural persons who compose them from exercising their
human rights established in the Convention.
4.
In this regard, it should not be overlooked that some of the rights established in
the Convention presume that their exercise may be carried out precisely through legal
persons, non-profit or profit-making, companies or foundations and corporations,
political parties or trade unions, etc. The stipulations with regard to the right of
assembly,30 freedom of association, 31 and political rights32 should also be recalled in this
regard.
5.
Third, for the same reason, considering that the object and purpose of the
Convention is that the States respect the rights and freedoms recognized therein and
ensure their free and full exercise to all persons subject to their jurisdiction, without any
discrimination,33 in the interpretation and application of the Convention in this case, the
Court took into account the pro personae principle that inspires the Convention; 34
namely, that it is not permitted, whatsoever the manner or instrument used, “to suppress
the enjoyment or exercise of the rights and freedoms recognized in this Convention or to
restrict them to a greater extent than is provided for herein.”
27
Paras. 379 to 382 of the judgment.
28
“For the purposes of this Convention, “person” means every human being.”
29
Paras. 22 and 146 a 152 of the judgment.
Art. 15 of the Convention: “Right of Assembly. The right of peaceful assembly, without arms, is recognized.
No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law
and 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 or freedom of others.”
30
Art. 16(1) of the Convention: “Freedom of Association Everyone has the right to associate freely for
ideological, religious, political, economic, labor, social, cultural, sports, or other purposes.”
31
Article 23.1.a) of the Convention: “Right to Participate in Government. Every citizen shall enjoy the
following rights and opportunities: to take part in the conduct of public affairs, directly or through freely chosen
representatives.”
32
Article 1(1) of the Convention: “Obligation to Respect Rights. The States Parties to this Convention
undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their
jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race,
color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any
other social condition.”
33
Article 29 of the Convention: “Restrictions Regarding Interpretation. No provision of this Convention shall
be interpreted as: (a) permitting any State Party, group, or person to suppress the enjoyment or exercise of the
rights and freedoms recognized in this Convention or to restrict them to a greater extent than is provided for
herein; (b).restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any
State Party or by virtue of another convention to which one of the said states is a party; (c) precluding other rights
or guarantees that are inherent in the human personality or derived from representative democracy as a form of
government; or (d) excluding or limiting the effect that the American Declaration of the Rights and Duties of Man
and other international acts of the same nature may have.”
34
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents