15
52.
The Court has established the conditions that are to be met regarding the suspension
and curtailment of or restrictions on the rights and freedoms enshrined by the Convention.42
In particular, it has examined emergency situations43 and restrictions on the right to
freedom of thought and expression,44 the right to private property,45 freedom of
movement,46 and personal liberty,47 among others.
53.
Regarding the contents of freedom of thought and expression, the Court has pointed
out that those who are protected by the Convention not only have the right to seek, receive,
and disseminate ideas and information of any kind, but also to receive information and be
informed about the ideas and information disseminated by others. Consequently freedom of
thought and expression has both an individual and a social dimension:
on the one hand, it requires that no one may be arbitrarily harmed or impeded from expressing his
own thought and, therefore, it represents a right of every individual; on the other hand, it implies a
collective right to receive any information and to know the expression of the thought of others.48
54.
Notwithstanding, freedom of thought and expression is not an absolute right. Article
13(2) of the Convention, which prohibits prior censorship, provides for the possibility of
placing restrictions on freedom of thought and expression by imposing subsequent liability
for abuse of this right. These restrictions in no way should restrict, beyond what is strictly
necessary, the full exercise of freedom of thought and expression or become either a direct
or indirect mechanism of prior censorship.49
55.
In turn, Article 11 of the Convention provides that everyone has the right to have his
honor respected and his dignity recognized. Hence, this article implies a limitation to the
interference of individuals and the State. Thus, it is legitimate for an individual who
considers that his honor has been affected to resort to the judicial mechanisms established
by the State to protect it.50
56.
The need to protect the right to have one’s honor respected and one’s dignity
recognized, as well as other rights which might be affected by the abusive exercise of
freedom of thought and expression, requires due compliance with the limitations imposed
42
Cf. The Word "Laws" in Article 30 of the American Convention on Human Rights. Advisory Opinion OC6/86 of May 9, 1986. Series A No. 6.
43
Cf. Habeas Corpus in Emergency Situations (Articles 27(2), 25(1) and 7(6) of the American Convention on
Human Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8; Case of Zambrano-Vélez et al.,
supra note 11, paras. 45 to 47.
44
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Articles 13
and 29 of the American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A
No. 5; Case of Ricardo Canese v. Paraguay. Merits, Reparations and Costs. Judgment of August 31, 2004. Series C
No. 111, para. 96; Case of Palamara-Iribarne, supra note 12, paras. 68 and 79 and Case of Claude-Reyes et al. v.
Chile. Merits, Reparations and Costs. Judgment of September 19, 2006. Series C No. 151, paras. 88 to 91.
45
Cf. Case of Ivcher-Bronstein, supra note 12, para. 128; Case of the Yakye Axa Indigenous Community v.
Paraguay. Merits, Reparations and Costs. Judgment of June 17, 2005. Series C No. 125, para. 145; Case of
Chaparro Álvarez y Lapo Iñiguez, supra note 17, para. 93 and Case of the Saramaka People, supra note 14, para.
127.
46
Cf. Case of Ricardo Canese, supra note 44, paras. 113 to 135.
47
Cf. Case of Chaparro Álvarez y Lapo Iñiguez, supra note 17, paras. 51 to 54.
48
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism, supra note
44, para 30; Case of “The Last Temptation of Christ” (Olmedo-Bustos et al.) v. Chile. Merits, Reparations and
Costs. Judgment of February 5, 2001. Series C No. 73, para. 64; Case of Ivcher-Bronstein, supra note 12, para
146; Case of Herrera-Ulloa, supra note 12, para. 108 and Case of Ricardo Canese, supra note 40, para. 77.
49
Cf. Case of Herrera-Ulloa, supra note 12, para. 120; Case of Ricardo Canese, supra note 44, para. 95 and
Case of Palamara-Iribarne, supra note 12, para. 79.
50
Cf. Case of Ricardo Canese, supra note 44, para. 101.