35
pleadings on the admissibility of the petition in this case because they are time-barred, with the pleadings
having been submitted after the aforementioned report on admissibility.
A.
Articles 13 (Freedom of Thought and Expression) and 24 (Equal Protection) with
regard to articles 1(1) and 2 of the American Convention.
113.
Article 13 of the Convention establishes the following in its relevant parts:
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.
b.
respect for the rights or reputations of others; or
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.
[…]
114.
For its part, Article 24 of the Convention establishes the following:
All persons are equal before the law. Consequently, they are entitled, without discrimination, to
equal protection of the law.
115.
According to the protection granted by Article 13 of the American Convention, the right to
freedom of thought and expression includes both the right of individuals to express their own thoughts
129
and the right to seek, receive, and disseminate information and ideas of all kinds. This right is crucially
important for the personal development of every individual, for the exercise of their autonomy and other
130
fundamental rights, and, finally, for the consolidation of a democratic society.
116.
In this sense, the Commission and the Inter-American Court have held that freedom of
expression includes two dimensions: an individual dimension and a social dimension. The individual
dimension of freedom of expression consists of the right of all individuals to express their own thoughts,
ideas, and information. This is not exhausted with the theoretical recognition of the right to speak or write;
rather, it inseparably includes the right to use any appropriate media for disseminating thought and
131
delivering it to the largest number of people possible. The second dimension of the right to freedom of
expression, the collective or social dimension, consists of society's right to procure and receive any
132
information; to hear outside thoughts, ideas, and information; and to be well informed. In this sense, the
129
IACHR, Report No. 82/10, Case 12.524, Merits, Jorge Fontevecchia and Hector d’Amico, Argentina, July 13, 2010,
para. 86. Available at: http://www.cidh.oas.org/demandas/12.524Esp.pdf.
130
IACHR, Report No. 82/10, Case 12.524, Merits, Jorge Fontevecchia and Hector d’Amico, Argentina, July 13, 2010,
para. 85.
131
Cf. Inter-American Court, Compulsory Membership in 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.
31.
132
Inter-American Court, Case of Kimel v. Argentina. Merits, Reparations and Costs. Judgment of May 2, 2008, Series C
No. 177, para. 53; Inter-American Court, Case of Claude Reyes et al v. Judgment of September 19, 2006. Series C No. 151, para.
75; Inter-American Court, Case of López Álvarez v. Honduras. Judgment of February 1, 2006. Series C No. 141, para. 163; IACHR.
Pleadings before the Inter-American Court in the case of Herrera Ulloa v. Costa Rica. Transcripts available at: Inter-American Court,
Continúa…