Analysis of the judicial criteria of the Inter -American Court of Human Rights regarding the concept of freedom of expression and its relationship with democracy

Abstract

The meaning that freedom of expression has for democracy is determined, based on a classification of the resolutions of the Inter -American Court of Human Rights. These
sentences interpret the OAS letter and the American Democratic Charter; The latter,
although it lacks binding force, contains elements that influence the reasoning of the
judges to resolve. The aforementioned arguments are processed to apply the discursive
analytical method, which allows to elucidate conclusions. The consubstantial relationship
between freedom of expression and democracy is noticed, including the rule of law, which is - united with the other two - a set called triad, where the definition of each of them makes sense based on the others. It concludes: a) Freedom of expression is cornerstone and an absolutely essential condition of electoral and constitutional democracy, if it is affected, other rights pale; b) Citizens can associate, discuss and dissent, while states must promote and protect those rights in equal opportunities, guaranteeing tolerance and transparency of governments, avoiding criminally legislating against those freedoms; c) Political parties and social organizations can influence the community to inform it about matters of public interest.