A/HRC/9/25
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racial, or religious hatred that constitute incitements to lawless violence or to any other similar
action against any person or group of persons on any grounds including those of race, colour,
religion, language, or national origin shall be considered as offenses punishable by law”.
69. The Inter-American Declaration of Principles on Freedom of Expression adopted in 2000
elaborates on the limitations set in article 13 of the Convention. Principle 5 reiterates that “prior
censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or
information transmitted through any means of oral, written, artistic, visual or electronic
communication must be prohibited by law”. Principle 7 further provides that “Prior conditioning
of expressions, such as truthfulness, timeliness or impartiality is incompatible with the right to
freedom of expression recognized in international instruments.”
Inter-American Court of Human Rights
70. The Inter-American Court has stressed the prohibition of prior censorship. In
Olmedo Bustos et al. v. Chile “The Last Temptation of Christ” (2001), the Court held that
Chile had violated the right to freedom of thought and expression embodied in article 13 of the
Inter-American Convention by blocking the showing of the film.
71. The Court noted that freedom of expression is not limited to the right to speak or write, but
that it is also closely linked to the right to use any appropriate method to disseminate thought and
allow it to reach the greatest number of persons. The Court stated that the exception to prior
censorship in article 13 (4) of the Inter-American Convention is intended to regulate access for
the moral protection of children and adolescents, limited to public entertainment. The
impairment of the freedom of thought and expression in all other cases is inconsistent with the
Convention.
72. With regard to the right to freedom of conscience and religion, the Court stated that the
refusal of the authorities to screen the film did not impair or deprive anyone of their right to
maintain, change, profess or disseminate their religion or beliefs with total freedom.
V. NATIONAL LAWS AND JURISPRUDENCE
73. The Constitution of Argentina, in article 14, stipulates that all the inhabitants of the Nation
are entitled to publish their ideas through the press without previous censorship and to profess
freely their religion. Article 19 of the Constitution determines that the private actions of men
which in no way offend public order or morality, nor injure a third party, are only reserved to
God and are exempted from the authority of judges; no inhabitant of the Nation shall be obliged
to perform what the law does not demand nor deprived of what it does not prohibit. Furthermore,
article 20 guarantees that foreigners enjoy within the territory of the Nation all the civil rights of
citizens - including, among others, practising freely their religion.
74. The Constitution of Chile guarantees freedom of conscience, manifestation of all creeds
and the free exercise of all cults which are not opposed to morals, good customs or public order.
Moreover, the Chilean Law of Worship (No 19.638 of October 1999) establishes the norms, in
accordance with the constitutional provisions, applicable to churches and religious organizations.
It institutes equal legal status for religious entities.
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