[F]reedom of expression is a cornerstone upon which the very existence of a
democratic society rests…. It represents, in short, the means that enable the
community, when exercising its options, to be sufficiently informed.
Consequently, it can be said that a society that is not well informed is not a
society that is truly free.
--I/A Court H.R., Advisory Opinion OC-5/85, Compulsory Membership in an
Association Prescribed by Law for the Practice of Journalism, November 13,
1985 (paras. 50, 70).
*****
With regard to the content of the right to freedom of thought and expression,
those who are protected by the Convention not only have the right and the
freedom to express their own thoughts, but also the right and freedom to seek,
receive and impart information and ideas of all kinds. Consequently, freedom
of expression has an individual and a social dimension:
It requires, on the one hand, that no one be arbitrarily limited or
impeded in expressing his own thoughts. In that sense, it is a
right that belongs to each individual. Its second aspect, on the
other hand, implies a collective right to receive any information
whatsoever and to have access to the thoughts expressed by
others….
--Olmedo Bustos et al Case ("Last Temptation of Christ"), I/A Court H.R.,
Judgment of February 5, 2001 (para. 64).
*****
The American Convention is very clear in pointing out, in Article 16, that the
freedom of association “shall be subject only to such restrictions established by
law as may be 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 and freedoms of others.”
--Baena Ricardo et al Case, I/A Court H.R., Judgment of February 2, 2001
(para. 168).
African Commission on Human and Peoples Rights
The communications under consideration allege that persons were detained for
belonging to opposition parties or trade unions. The government confirmed
that the “Decree on Process and Transitional Powers Act 1989”, promulgated
73
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