30
88.
In this section, the Court will analyze whether Mr. Lagos del Campo’s statements fell within
the sphere of special protection of the right to freedom of expression and, if applicable, whether
his freedom of expression was ensured by the State by the decision of the second instance judge.
To this end, the Court will analyze this dispute in the following sections: (a) Freedom of expression
in labor contexts and (b) Analysis of the necessity and reasonableness of the restriction in this
case.
1.1
Freedom of expression in labor contexts
89.
The Court’s jurisprudence has provided the right to freedom of thought and expression
recognized in Article 13 of the Convention with a wide-ranging content. The Court has indicated
that this article protects the right to seek, receive and impart information and ideas of all kinds,
as well as to receive and obtain the information and ideas imparted by others. 110 It has also
indicated that freedom of expression has both an individual and a social dimension, and from this
it has extrapolated a series of rights that are protected by this article. 111 The Court has asserted
that the two dimensions are equally important and must be guaranteed absolutely and
simultaneously in order to give full effect to the right to freedom of expression in the terms of
Article 13 of the Convention.112 For the ordinary citizen, knowing the opinion of others or the
information possessed by others is as important as the right to disseminate his or her own opinion
or information.113 Consequently, in light of the two dimensions, freedom of expression requires,
on the one hand, that no one may be arbitrarily hindered or prevented from expressing his or her
own opinion and, thus, represents a right of each individual; while, on the other hand, it also
signifies a collective right to receive any kind of information and learn about the opinions of
others.114
90.
The American Convention guarantees everyone’s right to freedom of expression,
regardless of any other consideration, so that it cannot be restricted to a specific profession or
group of persons.115 Thus, the Court has maintained that freedom of expression is essential for
the formation of public opinion in a democratic society. “It is also a condition sine qua non to
enable […] labor unions […] and, in general, those who wish to have an influence over the
collectivity to develop their full potential.”116
Cf. Compulsory Membership of 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. 30, and Case
of López Lone et al. v. Honduras. Preliminary objections, merits, reparations and costs. Judgment October 5, 2015. Series
302, para. 166.
110
Cf. Compulsory Membership of an Association Prescribed by Law for the Practice of Journalism OC-5/85, supra, paras.
31 and 32, and Case of López Lone v. Honduras, supra, para. 166.
111
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 supra, para. 67, and Case of López Lone v. Honduras, supra, para.166
112
Cf. Case of “The Last Temptation of Christ” v. Chile, supra, para. 66, and Case of López Lone v. Honduras, supra,
para. 166.
113
Cf. Compulsory Membership of an Association Prescribed by Law for the Practice of Journalism, OC-5/85, supra,
para. 30, and Case of López Lone v. Honduras, supra, para. 166.
114
Case of Tristán Donoso v. Panama. Preliminary objections, merits, reparations and costs. Judgment of January
27, 2009. Series C No. 193, para. 114, and Case of López Lone v, Honduras, supra, para. 169.
115
Compulsory Membership of an Association Prescribed by Law for the Practice of Journalism, OC-5/85, supra,
para. 70, and Cf. 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. 22. Also, Articles 3 and 4 of the Inter-American Democratic
Charter emphasize that “[e]ssential elements of representative democracy include […] respect for social rights, and
freedom of expression and of the press.” Cf. Case of López Lone et al. v. Honduras, supra, para. 164.
116