The Right to Protest in the Inter-American Human Rights Framework

This paper examines the Inter-American standards on protests, which navigate complex social realities and a heterogenous human rights framework. The essay argues that Inter-American human rights law recognises a human right to protest derived from the freedoms of assembly, expression, and movement, as well as from political rights. The right to protest may further relate to other rights that are realised through protest. In addition, it explores the idea that, subject to a requirement of peacefulness, this right encompasses both a negative and a positive dimension, which may be exercised individually or collectively by all persons, including judges. Moreover, it may be exercised through diverse means and forms, such as expressive conducts, art, or the blocking of streets. The paper further analyses its guarantees, including the prohibition of content-based discrimination and the prohibition on the State from interfering with protests in a disproportionate manner, as occurs with the criminalisation of protesters or the use of force. Finally, it addresses its limits, outlining the three-part test that must be applied to assess the legitimacy of restrictions.