- 55 and receive information and ideas disseminated by others.306 In addition, it has indicated that
freedom of expression has both an individual dimension and a social dimension and, thus, has
concluded that a series of rights are protected under this article.307 The Court has stated that both
dimensions are equally important and must be fully guarantees simultaneously in order to provide
full effect to the right to freedom of expression in the terms of Article 13 of the Convention.308 For
ordinary citizens, knowing other opinions or the information that others possess is as important as
the right to impart their own opinions and information.309 Consequently, in light of both dimensions,
freedom of expression requires that no one be arbitrarily impaired or prevented from imparting his
own thoughts and, thus, represents a right of each individual, but also signifies a collective right to
receive any information and to know the thoughts expressed by others.310
167. Similarly, Article 15 of the American Convention recognizes “[t]he right of peaceful assembly,
without arms.” This right includes private meetings and also meetings in public places, whether
they are static or involve movement.311 The ability to protest publicly and peacefully is one of the
most accessible ways to exercise the right to freedom of expression, and can contribute to the
protection of other rights.312 Therefore, the right of assembly is a basic right in a democratic society
and should not be interpreted restrictively.313 In this regard, the European Court of Human Rights
(hereinafter “the European Court”) has indicated that the right of assembly is of such importance
that a person cannot be penalized, even by a minor disciplinary penalty, for participating in “a
demonstration that has not been prohibited, […] so long as the person concerned does not himself
commit any reprehensible act on such occasion.”314
168. Nevertheless, according to the Convention itself, the right to participate in government,
freedom of expression and the right of assembly are not absolute rights and may be subject to
restrictions. This Court has established in its case law that a right may be restricted provided that
the interference is not abusive or arbitrary. Therefore, it must be established by law, pursue a
306
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
American Convention on Human Rights), supra, para. 30, and Case of Granier et al. (Radio Caracas Televisión) v.
Venezuela, supra, para. 135.
307
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
American Convention on Human Rights), supra, paras. 31 and 32, and Case of Granier et al. (Radio Caracas Televisión) v.
Venezuela, supra, para. 135.
308
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, supra, para. 67, and Case of Granier et
al. (Radio Caracas Televisión) v. Venezuela, supra, para. 135.
309
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile, supra, para. 66, and Case of Granier et
al. (Radio Caracas Televisión) v. Venezuela, supra, para. 136.
310
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13 and 29
American Convention on Human Rights), supra, para. 30, and Case of Granier et al. (Radio Caracas Televisión) v.
Venezuela, supra, para. 136.
311
Cf. ECHR, Case of Djavit An v. Turkey, No, 20652/92. Judgment of February 20, 2003, para. 56, and Case of Yilmaz
Yildiz et al. v. Turkey, No. 4524/06. Judgment of October 14, 2014, para. 41.
312
Cf. United Nations, Resolution of the Human Rights Council on the promotion and protection of human rights in the
context of peaceful protests. A/HRC/RES/19/35, March 23, 2012; Resolution of the Human Rights Council on the promotion
and protection of human rights in the context of peaceful protests. A/HRC/RES/22/10, March 21, 2013, and Resolution of the
Human Rights Council on the promotion and protection of human rights in the context of peaceful protests. A/HRC/25/L.20,
March 24, 2014.
313
Cf. ECHR, Case of Djavit An v. Turkey, No, 20652/92. Judgment of February 20, 2003, para. 56, and Case of Yilmaz
Yildiz et al. v. Turkey, No. 4524/06. Judgment of October 14, 2014, para. 41.
314
Cf. ECHR, Case of Ezelin v. France, No. 11800/85. Judgment of April 26, 1991, para. 53, and Case of Yilmaz Yildiz et al.
v. Turkey, No. 4524/06. Judgment of October 14, 2014, para. 41.