An approach to the basis of the right to freedom of association according to the Inter-American Court of Human Rights

Jerez Moreno, Rafael

An approach to the basis of the right to freedom of association according to the Inter-American Court of Human Rights

Files

SWP 17 Final Moreno Inter-American.pdf(1.44 MB)

Published Version

Date

2024-03-01

Authors

Jerez Moreno, Rafael

Publisher

School of Law, University College Cork

Abstract

This paper aims to set the basis of how the right to freedom of association is protected in its normative and jurisprudential precedents between 2001 and 2022 within the Inter-American System of Human Rights. For this purpose, Section 2 lays out a historical vision of the international conventions enacted within the Inter-American System of Human Rights that include regulations on the right to freedom of association, emphasising the American Convention on Human Rights (ACHR). Section 3 presents the institutional framework of the Inter-American System of Human Rights through which individual petitions are lodged concerning human rights violations. The latter section addresses the conventionality control doctrine as a means for the enforceability of the decisions of the Inter-American Court of Human Rights (IACHR). Section 4 dives into the decisions published by the IACHR concerning the right to freedom of association, classified into four major categories: syndical freedom, the defense of human rights, the condition of indigenous communities, and the exercise of political rights. Section 5 analyses vital criteria identified in the four classifications of jurisprudence published by the IACHR on the right to freedom of association. The analysis centers on the consolidation of syndical freedom in the jurisprudential line of the IACHR as a species of the right to freedom of association, an emerging discussion on the protection of syndical freedom within the right to Progressive Development of Article 26 of the ACHR, the intimidating effect of the affectations of the violation of the right to freedom of association, and the conjunct analysis of violation of human rights whose relation enable what the IACHR calls the ‘democratic game’.

Keywords

Freedom of association , Inter-American System of Human Rights

Citation

Jerez Moreno, R. (2024) 'An approach to the basis of the right to freedom of association according to the Inter-American Court of Human Rights', Societās Working Paper 17/2024 (20pp). Cork: School of Law, University College Cork.