142.
As highlighted by the Inter-American Court, political rights are closely related to other rights
embodied in the American Convention, such as freedom of expression, and freedom of association and
assembly; together, they make democracy possible138. The right to freedom of expression is a cornerstone
upon which the very existence of democratic societies is based, due to its indispensable structural relationship
to democracy139. According to the Court without an effective guarantee of freedom of expression, democratic
system weakens and pluralism and tolerance suffer grief; control mechanisms and citizen complaint may
become ineffective and, ultimately, a fertile ground is created for authoritarian systems to take root140.
143.
With regard to indirect restrictions on freedom of expression, the Court has held that the
scope of Article 13.3 of the Convention should be the result of a joint reading with Article 13.1 of the
Convention, in the sense that a broad interpretation of this standard allows to consider that it specifically
protects communication, distribution and circulation of ideas and opinions, so that the use of "indirect
methods or means" to restrict it are prohibited141. In this regard, the Court has stated that what seeks this
subsection is to exemplify more subtle forms of restricting the right to freedom of expression by State
authorities or individuals142, and that the enunciation of mechanisms for indirect restriction of Article 13.3 of
the Convention is not exhaustive143. The Court has also indicated that for a violation to Article 13.3 of the
Convention to be configured, it’s required that the method or means effectively or indirectly restrict, the
communication and circulation of ideas and opinions144.
144.
In regard to the principle of equality and non-discrimination established in Articles 24 and 1.1
of the Convention, the Commission and the Inter-American Court have repeatedly held that it constitutes the
central and fundamental axis of the Inter-American human rights system. Also, it has been established that it
"entails erga omnes obligations of protection that bind all States and generate effect with regard to third
parties, including individuals"145. The Court has indicated that in the current stage of the evolution of
international law, the fundamental principle of equality and non-discrimination has entered the domain of jus
cogens. On it rests the legal structure of national and international public order, and permeates the entire legal
system146.
that the two rights are interrelated. See ECHR, Case Mathieu-Mohin and Clerfayt v. Belgium, judgment of 2 March 1987, Series A, No. 113,
para. 54.
138 I/A Court H.R., Case of Castañeda Gutman v. México. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
August 6, 2008. Series C No. 184, para. 140.
139 Cfr. I/A Court H.R., Case of Claude Reyes et al. v. Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series
C No. 151, para. 85; 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, para. 116; I/A Court H.R., Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment of
August 31, 2004. Series C No. 111, para. 86; I/A Court H.R., Compulsory Membership in an Association Prescribed by Law for the Practice
of Journalism (Arts. 13 and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5,
para. 70.
140 I/A Court H. R., Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 22, 2015. Series C No. 293, para. 140.
141 I/A Court H. R., Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 22, 2015. Series C No. 293, para. 161.
142 I/A Court H. R., Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 22, 2015. Series C No. 293, para. 162.
143 I/A Court H. R., Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 22, 2015. Series C No. 293, para. 163.
144 I/A Court H. R., Case of Granier et al. (Radio Caracas Television) v. Venezuela. Preliminary Objections, Merits, Reparations
and Costs. Judgment of June 22, 2015. Series C No. 293, para. 140. Quoting Cfr. Case of Ríos et al. v. Venezuela, para. 340, and Case of Perozo
et al. v. Venezuela, para. 367.
145 I/A Court H.R., Juridical Condition and Rights of the Undocumented Migrants. Advisory Opinion OC-18/03 of September 17,
2003. Series A No.18, para. 173 (5).
146 Cfr. Juridical Condition and Rights of the Undocumented Migrants, para. 101, and Case of Espinoza Gonzáles v. Peru. Preliminary
Objection, para. 216.
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