Schmidt Case

Abstract

Human rights — Freedom of expression — Nature of right — Whether absolute or qualified — Legitimate restrictions upon — Requirement that journalists belong to professional association — Criminal offence for non-member of association to work as a journalist — Whether contrary to right of freedom of expression — Costa Rica — Article 13(2), American Convention on Human Rights, 1969

Human rights — Procedure for enforcement — Standing to present claim — Whether complainant must be resident in State alleged to have committed violation

Claims — Exhaustion of local remedies — Whether remedies actually available — Whether challenge to constitutionality of national legislation viable in view of earlier decisions of Supreme Court

States — Domestic jurisdiction — Human rights agreements — Alleged violation of human rights agreement not a matter within domestic jurisdiction of State — Power of Convention institutions to examine national legislation and decisions of national courts for compatibility with Convention — American Convention on Human Rights, 1969

International tribunals — Standing before — Inter-American Commission on Human Rights — Right of individual petition — Standing to present claim of person no longer resident in respondent State