Advisory Opinion OC-22/16

Abstract

On February 26, 2016, the Inter-American Court of Human Rights (Court) issued an advisory opinion requested by the Republic of Panama (Advisory Opinion). The request stemmed from “doubts among States” as to whether “legal persons, being legal fictions, are not as such entitled to rights” (Request) (para. 2). The Court unanimously held that legal persons are not entitled to rights under the American Convention on Human Rights (Convention) because Article 1.2 of the Convention establishes rights only in favor of natural persons. The Court, also unanimously, reiterated that indigenous and tribal communities are entitled to rights under the Convention. By majority vote, the Court held that labor union organizations are entitled to rights under the Protocol of San Salvador (Protocol). The Advisory Opinion is most significant for its finding regarding labor union organizations and for its analysis of how general international law relates to various aspects of the Inter-American system.