United Nations
International Covenant on
Civil and Political Rights
CCPR/C/GC/34
Distr.: General
12 September 2011
Original: English
Human Rights Committee
102nd session
Geneva, 11-29 July 2011
General comment No. 34
Article 19: Freedoms of opinion and expression
General remarks
1.
This general comment replaces general comment No. 10 (nineteenth session).
2.
Freedom of opinion and freedom of expression are indispensable conditions for the
full development of the person. They are essential for any society. 1 They constitute the
foundation stone for every free and democratic society. The two freedoms are closely
related, with freedom of expression providing the vehicle for the exchange and
development of opinions.
3.
Freedom of expression is a necessary condition for the realization of the principles
of transparency and accountability that are, in turn, essential for the promotion and
protection of human rights.
4.
Among the other articles that contain guarantees for freedom of opinion and/or
expression, are articles 18, 17, 25 and 27. The freedoms of opinion and expression form a
basis for the full enjoyment of a wide range of other human rights. For instance, freedom of
expression is integral to the enjoyment of the rights to freedom of assembly and association,
and the exercise of the right to vote.
5.
Taking account of the specific terms of article 19, paragraph 1, as well as the
relationship of opinion and thought (article 18), a reservation to paragraph 1 would be
incompatible with the object and purpose of the Covenant.2 Furthermore, although freedom
of opinion is not listed among those rights that may not be derogated from pursuant to the
provisions of article 4 of the Covenant, it is recalled that, “in those provisions of the
Covenant that are not listed in article 4, paragraph 2, there are elements that in the
1
2
GE.11-45331
See communication No. 1173/2003, Benhadj v. Algeria, Views adopted on 20 July 2007; No.
628/1995, Park v. Republic of Korea, Views adopted on 5 July 1996.
See the Committee’s general comment No. 24 (1994) on issues relating to reservations made upon
ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to the
declarations under article 41 of the Covenant, Official Records of the General Assembly, Fiftieth
Session, Supplement No. 40, vol. I (A/50/40 (Vol. I)), annex V.