104
them, the State has the burden to prove the reasons and circumstances under which such
restrictions were imposed, and if applicable, justify the criteria it used to allow the access of
reporters of some media and deny the access of others.
378. As to the alleged violation of Article 24 of the Convention, the representatives
pointed out the unequal and discriminatory treatment, inasmuch as the State has intended
to separate and exclude certain media, as Globovisión, from the access to information in
view of the content of the messages that such means expresses, broadcasts and pursues
and its editorial line critical of the government The State, in addition, emphasized that such
arguments are not contained in the Commission's application and that the representatives'
brief should limit to the facts contained therein. The Court shall refer to the representatives’
argument insofar as it restricts the factual framework of this case.
379. This Court expressed that “[a]rticle 1(1) of the Convention, a rule general in scope
which applies to all the provisions of the treaty, imposes on the States Parties the obligation
to respect and guarantee the free and full exercise of the rights and freedoms recognized
therein ‘without any discrimination. In other words, regardless of its origin or the form it
may assume, any treatment that can be considered to be discriminatory with regard to the
exercise of any of the rights guaranteed under the Convention is per se incompatible with
that instrument”340. On the contrary, Article 24 of the Convention “prohibits all
discriminatory treatment originating in a legal prescription”. The prohibition against
discrimination so broadly proclaimed in Article 1(1) with regard to the rights and guarantees
enumerated in the Convention thus extends to the domestic law of the States Parties,
permitting the conclusion that in these provisions the States Parties, by acceding to the
Convention, have undertaken to maintain their laws free of discriminatory regulations”341.
380. It is possible for a person to feel discriminated by the way other people think about
its relation to a group or social sector, independently of whether such perception
corresponds to reality or to the victim’s self-identification. Considering what has been
established in the previous chapter (supra para. 360 to 362) it is possible that the people
linked to Globovisión have been included in the category of "political opinions" contained in
Article 1(1) of the Convention and for this reason, be subjected to discrimination in certain
situations. As a result, the alleged discriminations of fact should be analyzed under the
general non-discrimination obligation contained in Article 1(1) of the Convention342, in
connection with Article 13(1) therein.
381. The foregoing having been mentioned, this Tribunal shall limit the analysis to those
facts in which it was not allowed to access to the information that is under the control of the
State and to those facts that were alleged in the Commission’s application, according to the
same terms mentioned therein. The incidents in which the news team of Globovisión could
340
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica Advisory
Opinion OC-4/84 of September 19, 1984, Series A Nº.14, para. 53. Cf. Case of Apitz Barbera et al. (“First Court of
Administrative Disputes”) V. Venezuela. Preliminary Objection, Merits, Reparations and Costs. Judgment of August
5, 2008. Series C No. 182, para. 209.
341
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica Advisory
Opinion OC-4/84 of September 19, 1984, Series A Nº.14, para. 54. Cf. Case of Apitz Barbera et al. (“First Court of
Administrative Disputes”) V. Venezuela, supra note 29, para. 209.
342
The difference between the two Articles lies in that if the State discriminates upon the enforcement of
conventional rights containing no separate non-discrimination clause a violation of Article 1(1) and the substantial
right involved would arise. If, on the contrary, discrimination refers to unequal protection by domestic law, a
violation of Article 24 would occur. Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) V.
Venezuela, supra note 29, para. 209. Cf. Proposed Amendments of the Naturalization Provisions of the Constitution
of Costa Rica Advisory Opinion OC-4/84, supra note 341 para. 53 and 54.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos