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1998: Romulo Estrada V.Ithaka Bench Memorandum

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Chapter Summary

The Inter-American Court is competent to hear the instant case as the State of Ithaka is a member of the Organization of American States and became a party to the Convention on April 14, 1986. Article 13 of the Convention guarantees that everyone has the right to freedom of thought and expression.In the second and third article the Applicant asserted that the Choclos were &t;ignorant and lazy animals by nature and incapable of farming the land&t;. The Commission placed a valid restriction such as (1) be prescribed by law; (2) be necessary for the security of all and in accordance with the just demands of a democratic society and apply strictly to the specific circumstances present, and be proportionate and reasonable to meet those objectives.

Keywords: American States; Choclos; Convention; democratic society; Inter-American Court; Winning Memorial for the State



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