85 Convention not only have the right and freedom to associate freely with other persons, without the interference of the public authorities limiting or obstructing the exercise of the respective right, which thus represents a right of each individual; but they also enjoy the right and freedom to seek the common achievement of a licit goal, without pressure or interference that could alter or change their purpose.”346 The Court has written that the positive obligations to prevent and investigate violations of this right must be undertaken “even in the sphere of relations between individuals, if necessary.”347 289. The Court has also held that exercise of the right to freedom of association “is not absolute and may be subject to such restrictions as are established by law, have a legitimate purpose and are, ultimately, necessary in a democratic society.”348 In the specific case of judges, the right of association is recognized in the Basic Principles on the Independence of the Judiciary which provides that “[j]udges shall be free to form and join associations of judges or other organizations to represent their interests, to promote their professional training and to protect their judicial independence.”349 As the Office of the United Nations Rapporteur on the Independence of Judges and Lawyers has written, exercise of that right enables them to collectively defend their rights in the debates surrounding their functions and legal status, while also requiring that their ability to perform their functions independently be safeguarded.350 290. Political rights are protected under Article 23 of the Convention. The Court has made repeated reference to the fundamental importance of observing political rights in order to strengthen a democratic society and the rule of law. It has written that: […] Political rights are human rights of fundamental importance within the interAmerican system and they are closely related to other rights embodied in the American Convention, such as freedom of expression, and freedom of association and assembly; together, they make democracy possible. […]351 291. In the specific case of the political rights of judges, in the case of Apitz Barbera and others, the Court wrote that Article 23(1)(c) “does not establish the right to accede to public office, but the right to access ‘under general conditions of equality.’ Consequently, compliance with the obligation to ensure and respect this right means that “the criteria and processes for appointment, promotion, 346 I/A Court H.R. Case of Huilca Tecse v. Peru. Merits, Reparations and Costs. Judgment of March 3, 2005. Series C No. 121, paragraph 69. See also, Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007. Series C No. 167, paragraph 144. 347 I/A Court H.R., Case of Kawas Fernández v. Honduras. Merits, Reparations and Costs. Judgment of April 3, 2009 Series C No. 196, paragraph 144. Cf. I/A Court H.R., Case of Huilca Tecse v. Peru. Merits, Reparations and Costs. Judgment of March 3, 2005, Series C No. 121, paragraph 76, and I/A Court H.R., Case of Cantoral Huamaní and García Santa Cruz v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of July 10, 2007, Series C No. 167, paragraph 141. 348 I/A Court H.R., Case of Escher et al. v. Brazil. Judgment of July 6, 2009. Series C No. 200, paragraph 173. 349 Basic Principles on the Independence of the Judiciary, principle 9. 350 United Nations. General Assembly. Human Rights Council. Report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, A/HRC/11/41, March 24, 2009, paragraph 45. 351 I/A Court H.R., Case of Castañeda Gutman v. Mexico. Judgment of August 6, 2008. Series C No. 184, paragraph 140; I/A Court H.R., The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9, 1986. Series A No. 6, paragraph 34; I/A Court H.R., Case of Yatama v. Nicaragua. Judgment of June 23, 2005. Series C No. 127, Paragraph 191.