- 54 citizens – should enjoy not only rights, but also “opportunities.” The latter term entails the
obligation to ensure, by taking positive measures, that anyone who is the formal holder of political
rights has the real possibility of exercising them.299 Political rights and their exercise promote the
strengthening of democracy and political pluralism.300
163. Consequently, the State must facilitate the ways and means to ensure that these political
rights can be exercised effectively, respecting the principles of equality and non-discrimination.301
Political participation may include diverse and wide-ranging activities that the population carries out
individually or on an organized basis in order to intervene in the appointment of those who will
govern a State or who will be in charge of managing public affairs, as well as to influence the
development of State policies through direct participation mechanisms302 or, in general, to
intervene in matters of public interest, such as the defense of democracy.
164. From this perspective, the right to defend democracy referred to in the preceding section of
this judgment constitutes a specific manifestation of the right to take part in public affairs and also
includes, at the same time, the exercise of other rights such as freedom of expression and the right
of assembly, as will be explained below.
165. Freedom of expression, particularly in matters of public interest, “is a cornerstone of the very
existence of a democratic society.”303 Without an effective guarantee of freedom of expression the
democratic systems is weakened and there is a breakdown of pluralism and tolerance; the
mechanisms of control and complaint that citizens have may become inoperable and, indeed, a
fertile ground is created for authoritarian systems to take root.304 Freedom of expression must be
guaranteed not only as regards the dissemination of information and ideas that are received
favorably or considered inoffensive or indifferent, but also those that the State or any sector of the
population consider objectionable.305 Articles 3 and 4 of the Inter-American Democratic Charter also
stress the importance of freedom of expression in a democratic society, when establishing that:
“[e]ssential elements of representative democracy include, inter alia, respect for human rights and
fundamental freedoms” and “[t]ransparency in government activities, probity, responsible public
administration on the part of governments, respect for social rights, and freedom of expression and
of the press are essential components of the exercise of democracy.”
166. The Court’s case law has provided extensive content to the right to freedom of thought and
expression established in Article 13 of the Convention. The Court has indicated that this norm
protects the right to seek, receive and impart ideas and information of all kinds, as well as to know
299
Cf. Case of Yatama v. Nicaragua, supra, para. 195, and Case of López Mendoza v. Venezuela, supra, para. 108.
300
Cf. Case of Yatama v. Nicaragua, supra, para. 192, and Case of López Mendoza v. Venezuela, supra, para. 26.
301
Cf. Case of Yatama v. Nicaragua, supra, para. 195, and Case of Reverón Trujillo v. Venezuela, supra, para. 139.
302
Cf. Case of Yatama v. Nicaragua, supra, para. 195.
303
Cf. 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, and
Case of Granier et al. (Radio Caracas Televisión) v. Venezuela. Preliminary objections, merits, reparations and costs.
Judgment of June 22, 2015. Series C No. 293, para. 140.
304
Cf. Case of Herrera Ulloa v. Costa Rica. Preliminary objections, merits, reparations and costs. Judgment of July 2,
2004. Series C No. 107, para. 116, and Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, supra, para.
140.
305
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile. Merits, reparations and costs. Judgment of
February 5, 2001. Series C No. 73, para. 69, and Case of Granier et al. (Radio Caracas Televisión) v. Venezuela, supra,
para. 140.