Year: 2009
Role: Researcher
Summary: This research examined the relationship between criminal law and freedom of expression in the context of social protests in Latin America. It analysed how governments in the region use criminal law to criminalise and repress protests, arguing that this can be a violation of freedom of expression and assembly. Patterns of criminalisation were identified, such as the use of public order, terrorism and property damage laws to prosecute protesters. The research concludes that criminalisation of social protest is unlawful when used to stifle dissent and silence critical voices, and that governments must ensure the protection of freedom of expression and assembly, including in the context of protests. Legal reform is recommended to prevent abuses and protect citizens’ fundamental rights. This was a research project funded by the Open Society Institute and carried out at the Centre for Studies on Freedom of Expression, supervised by Dr. Eduardo Andrés Bertoni.