26
the individual and collective dimension of the right to freedom of association. Furthermore,
whether the dismissal violated the presumed victim’s job security, as well as whether he was
afforded effective judicial protection of his rights. Lastly, the Court must determine whether the
law on which the dismissal of Mr. Lagos was based violated Article 2 of the Convention.
75.
To this end, The Court will now analyze the arguments presented by the parties and the
Commission, and will develop the pertinent legal considerations related to the alleged violations
of freedom of thought and expression (Article 13),102 right to a free trial (Article 8),103 freedom
of association (Article 16),104 job security (Article 26105), in relation to Article 1(1),106 and also
the alleged violation of Article 2107 and Articles 8 and 25,108 all of the American Convention on
Human Rights.
VII-1
FREEDOM OF THOUGHT AND EXPRESSION, RIGHT TO A FAIR TRIAL, JOB SECURITY,
FREEDOM OF ASSOCIATION, AND DOMESTIC LEGAL EFFECTS
(ARTICLES 13, 8, 26, 16, 1(1) AND 2 OF THE AMERICAN CONVENTION)
Article 13. Freedom of Thought and Expression. 1. Everyone has the right to freedom of thought and expression.
This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally,
in writing, in print, in the form of art, or through any other medium of one's choice.
102
2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject
to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:
a) respect for the rights or reputations of others; or
b) the protection of national security, public order, or public health or morals.
3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private
controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any
other means tending to impede the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for
the sole purpose of regulating access to them for the moral protection of childhood and adolescence.
5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless
violence or to any other similar action against any person or group of persons on any grounds including those of race, color,
religion, language, or national origin shall be considered as offenses punishable by law.
Article 8. Right to a Fair Trial. 1. Every person has the right to a hearing, with due guarantees and within a
reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation
of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil,
labor, fiscal, or any other nature.
103
Article 16. Freedom of Association. 1. Everyone has the right to associate freely for ideological, religious, political,
economic, labor, social, cultural, sports, or other purposes.
104
Article 26. Progressive Development. The States Parties undertake to adopt measures, both internally and
through international cooperation, especially those of an economic and technical nature, with a view to achieving
progressively, subject to available resources, by legislation or other appropriate means, the full realization of the rights
derived from the economic, social, educational, scientific, and cultural standards set forth in the Charter of the
Organization of American States as amended by the Protocol of Buenos Aires.
105
Article 1(1) of the Convention establishes that: “The States […] 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 […].”
106
Article 2. Domestic Legal Effects. Where the exercise of any of the rights or freedoms referred to in Article 1 is
not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their
constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary
to give effect to those rights or freedoms.
107
Article 25. Judicial Protection. 1. Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the
constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by
persons acting in the course of their official duties. 2. The States Parties undertake: a) to ensure that any person claiming
such remedy shall have his rights determined by the competent authority provided for by the legal system of the state; b) to
develop the possibilities of judicial remedy; and c) to ensure that the competent authorities shall enforce such remedies when
granted.”
108