Abstract

SANDOVAL BALLESTEROS, Netzai. Restrictions on Freedom of Peaceful Assembly During Elections in Spain and Mexico. Bol. Mex. Der. Comp. [online]. 2013, vol.46, n.136, pp.97-123. ISSN 2448-4873.

This article compares and contrasts the laws that restrict freedom of assembly in Mexico and Spain during elections and electoral campaigns. It analyzes the key decisions and precedents of the Constitutional Court of Spain, the Supreme Court of Justice of Mexico and the Electoral tribunal of Mexico. It also examines the decisions of the European Court of Human Rights with regard to the freedom of assembly, noting that this Court typically defends citizens freedom of assembly in political contexts although it tends to favor States in contexts of extreme violence such as terrorism. The present article argues that electoral authorities are mistaken if they prohibit meetings out of the mere suspicion that during the event, public support may be expressed for or against a candidate. Electoral authorities should enforce the principle of "favor libertatis" when deciding on limitations on freedom of assembly in electoral contexts.

Keywords : freedom of assembly; electoral law.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )