95
Considerations of the Court
146.
Article 15 of the Convention establishes that
[t]he right of peaceful assembly, without arms, is recognized. No restrictions may be
placed on the exercise of this right other than those imposed in conformity with the law
and necessary in a democratic society in the interest of national security, public safety
or public order, or to protect public health or morals or the rights or freedom of others.
147. In the instant case, the State always maintained that the right to assembly
was never thwarted, and that the measures in relationship to the work stoppage of
December 5, 1990, were adopted because it attempted against democracy and the
constitutional order. In any event, it is the duty of the Court to analyse whether or
not the right to assembly was violated by the State.
148. According to the entirety of the evidence in the instant case, the December 4,
1990, march took place without any interruptions or restrictions. It is also shown
that the letters of dismissal of the workers do not mention the march, and in most of
the cases they declare non-subsistent the appointments of the public servants who
took part in the “organisation, convocation or implementation of a national work
stoppage that took place December 5, 1990.”
149. No proof emerges from the entirety of the evidence in the instant case that
indicates that the dismissed workers would have in any way been interfered with in
their right to gather in “peaceful assembly, without arms.” Furthermore, and as has
already been said, not only was the December 4, 1990, march -a clear expression of
the right under consideration- not prohibited or interfered with in any manner, but it
was, according to several testimonies gathered by the Tribunal, accompanied by
agents of the public force, who ensured normal development thereof.
150. By virtue of the preceding arguments, the Court concludes that the State did
not violate, to the detriment of the 270 workers listed in paragraph 4 of this
Judgment, the right to assembly established in Article 15 of the American
Convention.
XII
VIOLATION OF ARTICLE 16
FREEDOM OF ASSOCIATION
Arguments of the Commission
151.
Concerning Article 16 of the Convention, the Commission argued that:
a)
Law 25 does not prohibit the freedom of association, but if the workers
of the State exercise it, the cited Law penalises them for it. This Law imposed
sanctions on those who legitimately exercised such freedom;
b)
the demonstration and the convocation to a work stoppage were
legitimate activities inherent to the exercise of the freedom of trade union
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos