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Freedom of expression, States and the private sector in the digital age 2016, para. 57
- Paragraph text
- Digital communications and data transmitted or stored on private networks and platforms are increasingly subject to surveillance and other forms of interference, whether by the State or private actors. Unnecessary and disproportionate surveillance may undermine security online and access to information and ideas (see A/HRC/23/40). Surveillance may create a chilling effect on the online expression of ordinary citizens, who may self-censor for fear of being constantly tracked. Surveillance exerts a disproportionate impact on the freedom of expression of a wide range of vulnerable groups, including racial, religious, ethnic, gender and sexual minorities, members of certain political parties, civil society, human rights defenders, professionals such as journalists, lawyers and trade unionists, victims of violence and abuse, and children (see A/HRC/29/32). State capacity to conduct surveillance may depend on the extent to which business enterprises cooperate with or resist such surveillance.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 37
- Paragraph text
- State demands to remove content are often based on such rationales as defamation, blasphemy, election-related regulations, harassment or hate speech, incitement, intellectual property, obscenity and indecency, terrorist recruitment or "glorification", the protection of national security and public safety, child protection and the prevention of gender-based attacks. Problems long connected to freedom of expression but increasingly complicated in the digital age have also attracted State regulation, including the "right to be forgotten" and pluralism and diversity (for example, network neutrality). Intermediaries themselves establish and enforce terms of service designed to address many of these concerns, for legal, commercial and other reasons. Many of these issues raise questions about the appropriate balance between freedom of expression and other human rights (for example, privacy, non-discrimination). While content regulations are often restrictive in nature, they may also require the transmission of Government-mandated or approved messages, or prohibit differential pricing for content and content delivery services.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Children
- Year
- 2016
Paragraph
The protection of sources and whistle-blowers 2015, para. 6
- Paragraph text
- Regional and international human rights instruments also advance the public's right to receive information. The Convention on the Rights of the Child obliges States parties to ensure that children have access to information in order to support individual development and a capacity to participate in public life (art. 17). The Convention on the Rights of Persons with Disabilities requires States parties to promote appropriate forms of assistance and support to persons with disabilities to ensure their access to information (art. 9 (2) (f)). The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health and the Special Rapporteur on extreme poverty and human rights have highlighted the importance of the right of access to information to the realization of social and economic rights (see A/HRC/20/15 and A/HRC/23/36). The right is further reflected in international standards on the environment, efforts to combat corruption and development.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2015
Paragraph
The protection of sources and whistle-blowers 2015, para. 29
- Paragraph text
- Protection laws often limit whistle-blowers to those who blow the whistle "in the context of their work-based relationship". However, a person may come into contact with public interest information even when outside such a relationship. The United Nations Convention against Corruption contains no employment limitation. Broad definitions are also found in, for example, Ghanaian law, which protects employees and "any person" making a disclosure, and Indian law, which covers "any public servant or any other person including any non-governmental organisation". Non-work-related whistle-blowers may include patients who blow the whistle on wrongdoing in a hospital, parents who blow the whistle on wrongdoing in a child's school and students themselves. Typically, a whistle-blower will enjoy a work status, but because of the range of others who may report wrongdoing allegations, such as consultants, interns, job applicants, students, patients and others who do not enjoy a legally protected relationship with an organization, such a limitation is not recommended.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
The right of the child to freedom of expression 2014, para. 13
- Paragraph text
- Nevertheless, children are not adults, and the fact that they have evolving capacities cannot be avoided. This principle, enshrined in article 5 of the Convention on the Rights of the Child, simply reflects the need to take children's "childness" into account, as well as the fact that children evolve and exercise their rights differently from adults. The role accorded to parents and others responsible for the child under article 5 of the Convention suggests that, in practice, children's enjoyment of their right to freedom of expression may not be as expansive as that of adult holders of similarly expressed rights under non-child-specific international human rights instruments. The exercise of the right to freedom of expression expands as children mature, whereas the appropriate direction and guidance provided by parents under article 5 diminishes correspondingly.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 50
- Paragraph text
- The imposition of prior censorship to protect children from harmful material provides an example of disproportionate restrictions that run counter to international human rights standards. For instance, in the case The Last Temptation of Christ (Olmedo Bustos et al) v. Chile, the Inter-American Court of Human Rights ruled that the Government of Chile had violated article 13 of the American Convention on Human Rights, on freedom of thought and expression, in banning Martin Scorsese's film The Last Temptation of Christ in order to protect the morals of children. The Court reasoned that children could easily be protected by adopting less restrictive measures than prior censorship, such as controlling their entrance to cinemas.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 51
- Paragraph text
- In a more recent case on prior censorship (Print Media South Africa and Another v. Minister of Home Affairs and Another), the High Court of South Africa declared that an amendment to the South African Films and Publications Act (No. 65 of 1996) infringed the constitutional right to freedom of expression. The amendment required publishers, with some exceptions, to submit publications for prior approval to prevent the exposure of children to age-inappropriate material and to ban child pornography. The decision indicated concerns about a system of prior restraint and the vague and overly broad criteria for classifying publications.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 78
- Paragraph text
- More research is needed to clarify the role of the Internet in the exercise of the rights of the child, in particular with regard to how children use the Internet, how they can learn to do so safely and how the Internet can be viewed as a positive rather than a destructive tool by parents, caregivers and States. It is also important that current restrictions on Internet use be looked at carefully and critically in order to uncover potentially negative consequences for children and adults, encourage practical solutions to Internet safety concerns and maximize opportunities for children on the Internet.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 79
- Paragraph text
- Children's right to freedom of expression is well established by international human rights treaties, including the Convention on the Rights of the Child, which represents a milestone for the protection of all children's rights. In practice, recognizing children as full subjects of rights - the vision set out in the Convention - requires a shift in laws, policies and attitudes. Respecting, protecting and promoting the right of children to freedom of expression is at the heart of this shift.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 27
- Paragraph text
- In accordance with article 12, States parties are obliged to recognize that right in their legal system, to adopt appropriate mechanisms to facilitate the active involvement of children in all actions and decision-making processes affecting them and to fulfil the obligation to give due weight to those views once expressed. The Committee on the Rights of the Child has noted that, while appearing to listen to children is relatively unchallenging, giving due weight to their views requires real change. According to the Committee, listening to children should not be seen as an end in itself, but rather as a means by which States make their interactions with children and their actions on behalf of children ever more sensitive to the implementation of children's rights (see CRC/GC/2003/5).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 28
- Paragraph text
- The right to freedom of expression is often confused with the right to be heard set out in article 12. The Committee on the Rights of the Child considers that, while both articles are strongly linked, they articulate different rights and should not be confused. Article 12 relates to the right of expression of views specifically about matters which affect the child, and the right to be involved in actions and decisions that have an impact on the child's life. This provision imposes an obligation on States parties to adopt appropriate measures to facilitate the active involvement of children in all decisions and processes affecting them, and to fulfil the obligation to give due weight to those views, while freedom of expression requires no such engagement or response from States parties. The Committee considers, however, that the creation of an enabling environment for children to express their views freely also contributes to building children's capacities to exercise their right to freedom of expression (see CRC/C/GC/12, para. 81).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 29
- Paragraph text
- Another interesting aspect of article 12 relevant to freedom of expression is the emphasis on participation. Although the term is not found in the article, the Committee on the Rights of the Child has stated on various occasions that children's participation in society enables them to be heard, to be informed about public affairs and to play a role in the life of their country (see, for example, CRC/C/SR.379, para. 55). Participation should be encouraged within the family, at school and in society at large; it should concern political, social, economic and cultural life; and it should happen through existing institutions and through the creation of children-specific bodies. The rationale behind encouraging the children's participatory rights is to facilitate their development, given that children cannot be expected to mature into full members of society if they lack the experience of participating in school and community life (see, for example, CRC/C/SR.277, para. 50).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 39
- Paragraph text
- Judicial systems often play a significant role in altering engrained authoritarian practices. There are as yet few examples of court decisions affirming children's right to freedom of expression and access to information. However, there is a growing number of examples within educational settings, especially in the United States. For example, a student at a Florida high school was banned from wearing any symbol of support for gay rights at school because the principal believed that any symbol featuring rainbows would make students picture gay people having sex. In a decision quoting the Tinker case mentioned above, a federal judge ruled in May 2008 that the school had violated the students' rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- LGBTQI+
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 16
- Paragraph text
- The family, in particular, is regarded as one of the most important pillars in realizing the rights of the child to freedom of expression. It is widely acknowledged that parents assume the primary responsibility for the upbringing and development of their child, and hold the child's best interests as a fundamental concern. The Committee encourages the implementation of a participatory family structure in which a child learns to freely express his or her views, and thus becomes equipped with the skills necessary to participate in society. The duty of family members includes the obligation to hear the child's views and take them seriously and to support children in the realization of their rights under the Convention (see CRC/C/43/3, paras. 999-1,002).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 18
- Paragraph text
- Seeking and accessing information is essential for the child's development and represents an essential precondition for participating in social life. Therefore, the Committee on the Rights of the Child has construed this right as imposing a positive obligation on States to provide access to information held by public authorities. The Human Rights Committee has observed that, to give effect to this right, States should make every effort to ensure easy, prompt, effective and practical access to information of public interest, and enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation (see CCPR/C/GC/34, para. 19).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 83
- Paragraph text
- Children may not have the same maturity as adults, but childhood is an evolving process during which maturity is gained gradually. The ability to develop opinions, as well as to express them clearly, stems from a learning process that begins at the earliest stages of our lives and that needs appropriate respect and encouragement to develop completely. If neglecting the duty to protect children from harm brings serious risks, so too does denying them space to develop their minds, critical thinking and opinions. Depriving children of information on certain matters and prohibiting their participation in public debate can only intensify their isolation and political alienation. Ensuring that children are able to exercise their right to be heard is not only an obligation: it is crucial to enhancing the effectiveness of protective measures.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 86
- Paragraph text
- States should revise national laws, regulations and policies that limit the right of children to express themselves, as well as to access information, to align them with international human rights standards. Any law limiting the freedom of expression of adults or children must also comply with the three established criteria for restricting this right, namely, prescription by an unambiguous law, pursuit of a legitimate purpose and respect for the principles of necessity and proportionality.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 63
- Paragraph text
- In addition to providing budgetary support, States can encourage media organizations to self-regulate the way in which they cover and involve children. The International Federation of Journalists has devised a set of draft guidelines and principles for reporting on issues involving children that have been adopted by journalism organizations in 70 countries. They include provisions on avoiding the use of stereotypes and the sensational presentation of stories involving children.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 64
- Paragraph text
- Children also have participatory rights in the media, and some publications are run entirely by children. In its recommendations arising from the above-mentioned day of general discussion, the Committee on the Rights of the Child promoted children's participatory rights in the media, asserting that students should be enabled to relate to and use the media in a participatory manner, as well as to learn how to decode media messages, including advertising (CRC/C/15/Add.65, para. 256).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 82
- Paragraph text
- It is clear that States have a fundamental obligation to protect children and that it is the duty of adults to provide children with guidance. Child protection and freedom of expression must not, however, be addressed as opposing goals. On the contrary, it is by supporting children to develop good communication skills and to learn the positive uses of new technologies that we can enhance their capacity to protect themselves from harm.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 73
- Paragraph text
- The Special Rapporteur has pointed out that blanket bans by State actors are not necessary when parents and school authorities can use software to control children's access to the Internet and can guide children regarding online safety (see A/HRC/17/27, para. 27). In fact, such broad bans determined by State actors are inconsistent with article 18 of the Convention on the Rights of the Child because they prevent parents and caregivers from exercising their judgement to determine children's access to the Internet. In addition, there are some projects under way to assist content providers with self-regulation strategies.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 87
- Paragraph text
- States should carefully revise laws and regulations concerning the protection of children in broadcasting activities, the Internet and any other media. Classification systems are acceptable for the protection of children in broadcasting activities, for example, but the prior suppression of any particular expression before it is made public is unacceptable. The independence of authorities mandated to enforce regulations on communications should be protected from political and economic interference.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 92
- Paragraph text
- States should take proactive measures to promote children's access to the Internet in all settings. The Internet's central role in the promotion of all the rights of children, in particular the right to freedom of expression, to participation in public life and to education, should be taken into consideration within education systems. Efforts should be made to reframe the Internet as a positive resource - with benefits for both the individual child and society as a whole - as opposed to a negative or otherwise dangerous medium. For example, the Internet is an excellent tool for accessing books for children from all social origins.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 81
- Paragraph text
- Despite the almost universal ratification of the Convention on the Rights of the Child, too little has been done to give effect to the right of children to freedom of expression and many obstacles to the realization of this right for children remain. Unchallenged authoritarian attitudes frequently shape the relationship between adults and children in schools and within families. More worryingly, as communications technologies evolve, some States have adopted disproportionate restrictions on freedom of expression, presenting them as measures to protect children from harm while, in effect, they limit the rights of children and adults.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 52
- Paragraph text
- Child protection arguments are part of a new pattern in which children are increasingly used to justify restrictions not only on their access to information, but also on the rights of adults. In many cases, the restrictions are rooted in a genuine, well-meaning desire to protect children from harmful information, while in others they have been used to defend discrimination and censorship.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 60
- Paragraph text
- In India, members of the Adolescent Girls' Clubs against Child Marriage network help to persuade families not to marry their daughters off at a young age by educating people about the harmful consequences of early marriage. They offer a lifeline not only to girls who want to resist family pressure, but also to parents afraid that going against gender-based expectations will leave their daughters ostracized.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Harmful Practices
- Person(s) affected
- Adolescents
- Children
- Families
- Girls
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 56
- Paragraph text
- The engagement of a new generation of children in politics is beneficial for renewing political culture and increasing participation in elections. Some countries have lowered the minimum voting age to 16 years - a positive start that serves to officially legitimize children's views and encourage their participation in politics. Children of all ages should have the opportunity to be involved, if so they choose, in political processes and consultations on public policy in some way.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 38
- Paragraph text
- Many schools do not permit students to organize and express political or controversial views. The 1969 case Tinker v. Des Moines Independent Community School District is perhaps the first important case on the protection of children's freedom of expression. In December 1965, three school students (aged 13, 15 and 16) planned to wear black armbands with peace symbols to school in protest at the Vietnam War. When their local school administration heard of the planned protest, they banned armbands in school and suspended the students involved. The students appealed to the courts with support from the American Civil Liberties Union and their appeal was upheld, in 1969, by the Supreme Court of the United States of America.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 35
- Paragraph text
- The Committee on the Rights of the Child has commented to numerous States that traditional attitudes towards children in all spheres, including the home, school and society in general, continue to delay the acceptance of children's right to express themselves freely (see, for example, CRC/C/SGP/CO/2-3, para. 33, and CRC/C/ECU/CO/4, para. 40). Obstacles to the freedom of expression of children are particularly prevalent in settings in which the power of adults over children remains unquestioned. Educational settings highlight with particular clarity some of the tensions between the recognition of children as human beings with rights, views and feelings of their own on the one hand, and paternalistic perceptions of them on the other.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Year
- 2014
Paragraph
The right of the child to freedom of expression 2014, para. 40
- Paragraph text
- Student-run publications are another important means by which students can express their views. They provide a source of support because they contain reports on topics that are of concern to young people and that adults may not feel comfortable discussing. Students' writing has, however, been censored for covering issues such as teenage pregnancy and the effects of parental divorce. Increasingly, students' posts on social media are also under scrutiny and, in some cases, children have been expelled for posting criticism of their school.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Adolescents
- Children
- Youth
- Year
- 2014
Paragraph