dismissal prevented him from obtaining stable employment and making adequate wages to support his family. He now lives in extreme poverty.38 V. ANALYSIS Articles 13 (Freedom of Thought and Expression) and 8 (Right to a Fair Trial), in relation to Articles 1.1 and 2 of the American Convention 68. Article 13 of the Convention establishes that, 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. 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. 69. Article 8.1 of the American Convention states that: 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. 70. As stated in the established facts, Mr. Alfredo Lagos del Campo was dismissed from his job as an operator electrician at an industrial manufacturing company in Peru. His dismissal was the consequence of statements he reportedly gave to a magazine when he was President of the Electoral Committee of an association comprised by the company’s employees (Industrial Community). 71. In view of the facts and arguments presented, the IACHR must establish whether Mr. Lagos del Campo’s dismissal was a violation of his right to freedom of expression as a union leader. In other words, the Commission will determine whether the exercise of the alleged victim’s right to freedom of expression was curtailed, and if so, whether the limitation meets the requirements established in Article 13.2 of the American Convention. In this context, the IACHR will examine whether there was a violation of the alleged victim’s right to a fair trial. 72. In answering this legal question, the Commission will first address the scope and protection of the right to freedom of expression of labor union members and leaders, and will refer to its doctrine on the permissible limits to the right to freedom of expression. Second, it will discuss the positive obligations of the State to protect the right to freedom of expression from interference by non-State actors. Based on these considerations, it will examine the specific case. i) The right to freedom of expression and the speech of labor union leaders 38 Annex 31. Certificate of Poverty issued by the Blessed Sacrament Parish of the Archdiocese of Lima, September 10, 2003. Attachment to the petitioners’ submission of May 28, 2004; Letter requesting social assistance, sent by Mr. Alfredo Lagos del Campo to the Ministry of Women and Social Development on April 21, 2005. Attachment to Alfredo Lagos del Campo’s communication of June 2, 2005. 14