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Access to information in international organizations 2017, para. 1
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- The workings of international organizations, including the United Nations, are deeply opaque to most people. Apart from the work of their highest profile bodies, what they do and how they do it is largely hidden from public view. In such an environment, how does information of legitimate interest to the public get disclosed? How does the general public, including citizens, students, journalists, scholars, activists, parliamentarians and even representatives of Member States, keep track of how the United Nations and other intergovernmental organizations operate and how international civil servants comply with their obligations? What policies, if any, direct international officials to share information? What standards do international officials rely upon when deciding whether to withhold information? In general, how do intergovernmental organizations ensure their own compliance with the human rights norm guaranteeing everyone the right to seek and receive information of all kinds, especially information held by public authorities?
- 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
- Year
- 2017
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Access to information in international organizations 2017, para. 4
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- There is evidently no formal process according to which a member of the public, let alone a special rapporteur, may seek such information from the United Nations. As a result, even if an intergovernmental organization has a good case for non-disclosure in a particular situation, that argument is not tested (see ST/SGB/2007/6). To address this point one must ask how are institutional decisions and analyses, and decision makers, to be put to the test when such information is so difficult to obtain? Instead of a formal process that would enable the submission of requests for information, public knowledge of the policies and actions of the United Nations and of other intergovernmental organizations is limited to only what those bodies choose to publish, while external evaluation typically depends on the efforts of journalists or researchers who develop access within such organizations. Within the United Nations, and most intergovernmental organizations, there appears to be no obligation on the part of any official source to provide reasons for refusing to disclose information.
- 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
- Governance & Rule of Law
- Year
- 2017
Paragraph
Access to information in international organizations 2017, para. 8
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- And yet, despite the fact that intergovernmental organizations make much of the public work of their institutions available online, including legal instruments, resolutions, decisions of committees and monitoring bodies, field work and webcasts of public meetings, few organizations have access-to-information policies that enable the public, either on an individual basis or through the work of journalists and researchers, to make requests for information not otherwise disclosed. Organizations that do include such policies, including the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), the World Bank, the World Food Programme (WFP), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and a handful of others — mostly international financial institutions and funds — are discussed in section III below. Even if they entertain such requests, most organizations make little or no effort to publicize their willingness or to highlight the standards by which decisions to disclose information are made.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Year
- 2017
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Contemporary challenges to freedom of expression 2016, para. 24
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- National security is also used to justify excluding information in the public interest from disclosure, with many Governments overclassifying vast amounts of information and documents and others providing limited transparency in the process and substance of classification. In the case of Japan, for instance, the Government adopted the Act on the Protection of Specially Designated Secrets, which raised concerns about transparency, third-party oversight, the protection of journalists and their sources, and whistle-blowers. The United States enforces its Espionage Act in ways that ensure that national security whistle-blowers lack the ability to defend themselves on the merits of grounds of public interest.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
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Freedom of expression, States and the private sector in the digital age 2016, para. 17
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- Hardware firms design and manufacture the computer devices that connect individuals to the Internet. The range of devices equipped with personal computing functions is, however, ever-expanding and impossible to cap, given the avalanche of connectedness widely described as the "Internet of things", in which digital connection is enabled for all aspects of contemporary existence. Automobiles, refrigerators, televisions and watches are just a few examples of "smart" devices that today incorporate browser, messaging and other Internet-related functions.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2016
Paragraph
Freedom of expression, States and the private sector in the digital age 2016, para. 42
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- The European Court of Justice, in Google Spain v. Mario Costeja González, compelled Google under the Data Protection Directive of the European Union to delist search results based on web pages that identified González, even though the original publication of those pages was itself not subject to takedown. The decision has found an active life outside the European context. The scope and implementation of this approach raise questions about the appropriate balance between the rights to privacy and protection of personal data on one hand, and the right to seek, receive and impart information containing such data 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)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
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Freedom of expression, States and the private sector in the digital age 2016, para. 48
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- Service shutdowns and associated restrictions are a particularly pernicious means of enforcing content regulations. Such measures are frequently justified on the basis of national security, the maintenance of public order or the prevention of public unrest. In 2015, the Special Rapporteur, together with representatives of the Organization for Security and Cooperation in Europe, the Organization of American States and the African Commission on Human and Peoples' Rights condemned as unlawful Internet "kill switches". In one year alone, there were reports of shutdowns in Bangladesh, Brazil, Burundi, the Democratic Republic of the Congo, India and Pakistan. The Special Rapporteur confirmed instances of telecommunication service provider and service shutdowns in Tajikistan, during his official visit in March 2016.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2016
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Hate speech and incitement to hatred 2012, para. 55
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- With regard to discussion of history, the Special Rapporteur is of the view that historical events should be open to discussion and, as stated by the Human Rights Committee, laws that penalize the expression of opinions about historical facts are incompatible with the obligations that the International Covenant on Civil and Political Rights imposes on States parties in relation to the respect for freedom of opinion and expression (CCPR/C/GC/34, para. 49). By demanding that writers, journalists and citizens give only a version of events that is approved by the Government, States are enabled to subjugate freedom of expression to official versions of events.
- 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
- Year
- 2012
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Hate speech and incitement to hatred 2012, para. 74
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- Lastly, ensuring accountability for what is reported in the media also remains important. For example, the open journalism paradigm promoted by the Guardian newspaper in the United Kingdom of Great Britain and Northern Ireland encourages two-way interaction between journalists and the audience online, which has reinserted journalists' willingness to engage in debate and be accountable for what they do into the core of journalism. At the very minimum, media outlets and journalists should adopt voluntary ethical codes and standards that do not allow hate speech and promote high standards of professional journalism, in addition to establishing independent and self-regulatory bodies to elevate standards of journalism and to ensure the accountability of all media professionals. Self-regulatory bodies should be seen not only as an exercise in policing and dispute resolution, but also as an opportunity to involve society at large in debates about the role and contribution of the media, to monitor the state of the media, to advocate professional journalism and to promote media literacy. Such bodies can also play a proactive and exemplary role in setting and reinforcing ethical standards for online content and the social media.
- 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
- Year
- 2012
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Hate speech and incitement to hatred 2012, para. 81
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- When hate is expressed by politicians and public authorities, additional sanctions should be imposed, as recognized in article 4 (c) of the Convention. Such sanctions could include those of a disciplinary nature, such as removal from office, in addition to effective remedies for victims.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
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Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 73
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- Another example of national strategies is that of Brazil, where in early 2008 a "Broadband in Schools" programme was launched in Brazil through a partnership involving the federal Government, the regulator National Telecommunications Agency (ANATEL) and several telecommunications operators. The project aims to connect 56,865 state schools nationwide, which would then benefit 37.1 million pupils, or 84 per cent of the Brazilian student population.
- 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
- Governance & Rule of Law
- Year
- 2011
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Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 77
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- Broadband Internet access through mobile phones is also increasing rapidly. According to ITU statistics, by the end of 2010, the total number of mobile broadband subscriptions worldwide had reached 940 million. This number is expected to top 1 billion in 2011, from 73 million in 2005. One key reason for the growth in mobile broadband is that operators are offering both competitive and affordable data packages. This development is complemented and supported by new technologies, which are bringing more efficiency to networks. Singapore is one such example with a 100 per cent penetration rate for mobile phones, and with a majority of households having at least one mode of broadband access. In addition, in 2008 and 2009, the Government selected two companies to work on a coordinated nationwide roll-out of the network. As stipulated under the terms of the broadband deployment, one of these companies will waive all installation charges for home and building owners when the network first reaches their area. These companies are also to provide network connectivity to outdoor locations.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2011
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Protection of journalists and media freedom 2012, para. 53
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- Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such "judicial harassment" generates a climate of fear and a "chilling effect" which encourages self-censorship. This issue is further explored under section D below on criminalization of expression.
- 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
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 55
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- In addition to articles 19 of the Declaration and of the Covenant, which protect the right of journalists to seek, receive and impart information and ideas of any kind through any medium of communication, journalists are also protected under other provisions in international human rights law, including the right to life, freedom from torture and arbitrary arrests and detention, and the right to an effective remedy.
- 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
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 56
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- Despite the existence of provisions in international human rights law which protect their right to seek, receive and impart information and ideas of all kinds, journalists across the world continue to face risks and challenges in carrying out their work. The Special Rapporteur reiterates that the problem with regard to continued and increasing violence against journalists is not a lack of legal standards, but the lack of implementation of existing norms and standards (A/65/284, para. 83). It is therefore essential that these existing norms and standards be implemented at the national level. The Special Rapporteur wishes to emphasize again that although the origin of the acts of violence may not initially be known, the primary responsibility of protecting journalists, fully investigating each case and prosecuting those responsible lies with Governments and State institutions (A/HRC/4/27).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 57
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- As well as having an obligation to prevent human rights violations against journalists, such as killings, ill-treatment or unlawful arrest, States also have a responsibility to ensure that their national legal systems do not permit impunity in cases when such violations take place. The issue of impunity is further discussed below.
- 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
- Governance & Rule of Law
- Violence
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 61
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- Most of the offline media have developed an online alternative, and given that the Internet has become an essential and economic medium for disseminating news to a global audience, leading to an emergence of "online journalists" - both professionals and so-called "citizen journalists" who are untrained, but who play an increasingly important role by documenting and disseminating news as they unfold on the ground. Such an expansion of individuals involved in spreading information has enriched the media landscape by increasing access to sources of information, stimulating informed analysis and promoting the expression of diverse opinions, particularly in moments of crises.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 77
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- Combating impunity and ensuring the protection of journalists requires strengthening respect for the rule of law and ensuring that the domestic legal framework and institutions promote the right to freedom of expression and support the establishment of free, independent and pluralistic media. The Special Rapporteur notes with concern the continuing existence and application of domestic legislation which criminalize expression.
- 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
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 83
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- Defamation laws protect an individual's reputation from false and malicious attacks, and constitute valid grounds for restricting freedom of expression. Nearly all countries have some form of defamation legislation, although different terms are used, such as libel, calumny, slander, insult, desacato, or lèse majesté. However, the problem with defamation cases is that they frequently mask the determination of political and economic powers to retaliate against criticisms or allegations of mismanagement or corruption, and to exert undue pressure on the media.
- 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
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 86
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- Many journalists continue to inform the Special Rapporteur that the systematic use of unjustified criminal prosecution or even civil tort prosecution with disproportionate financial sanctions paralyzes journalistic investigation and generates an atmosphere of intimidation, which constitutes a form of judicial harassment.
- 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
- Governance & Rule of Law
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 90
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- The Special Rapporteur emphasizes the importance of journalists' right to access information, which is part of the right to seek and receive information under articles 19 of the Universal Declaration on Human Rights and the International Covenant on Civil and political Rights, respectively. He would like to stress that Governments should classify only those data which are proven to harm national security and other vital interests of the State. Moreover, there should be clear classification criteria and register of classified information, which is both established by law and accessible to everyone. Further, classified data should be subject to regular review and declassified if confidentiality is no longer necessary.
- 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
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 107
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- Journalists should not be held accountable for receiving, storing and disseminating classified data which they have obtained in a way that is not illegal, including leaks and information received from unidentified sources.
- 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
- Governance & Rule of Law
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 110
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- The Special Rapporteur recognizes efforts in countries, such as Colombia and Mexico, to create bodies to offer, inter alia, greater protection to journalists. The Special Rapporteur underlines the importance of the willingness and ability of such bodies to take on a broad range and high number of cases and issues under its competency; to work with autonomy; to have their own and sufficient resources and to have the capacity to coordinate between different authorities. Furthermore, the Special Rapporteur recommends that journalists and civil society organizations participate in the design, integration, functioning and evaluation of these bodies; that they have investigatory powers; that they have the competency to make recommendations to the Governments of their respective countries; that risk-assessment is prompt and efficient; that measures are implemented promptly; and that a contextual approach is adopted. Protection measures must be holistic, including a range of physical, legal, and political 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)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 112
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- Civil society associations, including journalists, should engage actively with Government initiatives to establish protection mechanisms.
- 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
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 115
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- The Special Rapporteur encourages coordination between United Nations agencies and initiatives, such as the United Nations joint Plan of Action on the Protection of Journalists and the Issue of Impunity. Greater coordination between United Nations agencies, in terms of funding and programmes, may result in more efficient use of resources and less duplication of work. The Special Rapporteur welcomes the fact that civil society was consulted as part of the initiative and encourages strengthened links between United Nations agencies and civil society in the protection of journalists.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2012
Paragraph
Protection of journalists and media freedom 2012, para. 117
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- The Special Rapporteur welcomes the support for freedom of expression and the protection of journalists in different regional mechanisms, as well as measures taken, such as the establishment of Special Rapporteurs. In cases where regional actors have not yet set standards for the protection of journalists, the Special Rapporteur encourages them to do so in consonance with those already existing at the international level.
- 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
- Year
- 2012
Paragraph
Protection of journalists and press freedom 2010, para. 21
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- Journalists are understood to be individuals who are dedicated to investigating, analysing and disseminating information, in a regular and specialized manner, through any type of written media, broadcast media (television or radio) or electronic media. With the advent of new forms of communication, journalism has extended into new areas, including citizen journalism (see section V). The Special Rapporteur underscores that journalists should not be subject to conditions such as compulsory membership in professional associations or a university degree to practise journalism. When reference is made to journalists in the present report, the Special Rapporteur is also alluding by extension to other media professionals and associated personnel, given the fact that they are also often targeted because of their activities in gathering and disseminating information and for being part of "the press".
- 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
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 37
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- The obligation to protect is particularly important in relation to violence against journalists committed by non-State actors. Specifically, States have the obligation to take appropriate measures or to exercise due diligence to prevent any harm caused by private persons or entities, a failure of which can amount to a violation of article 2 of the International Covenant on Civil and Political 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)
- Governance & Rule of Law
- Violence
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 38
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- The obligation to fulfil or to facilitate the enjoyment of the right to freedom of expression requires States to take positive and proactive measures, including, for example, allocating sufficient attention and resources to prevent attacks against journalists and taking special measures to address such attacks, including providing protection for journalists. It also encompasses the obligation to create conditions to prevent violations of the right to freedom of expression, including by ensuring that relevant national legislation complies with their international human rights obligations and is effectively implemented.
- 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
- Year
- 2010
Paragraph
Protection of journalists and press freedom 2010, para. 40
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- Moreover, in situations where journalists find themselves in the territory of another State, the host State is also obliged to respect, protect and fulfil their rights, including their right to freedom of opinion and expression. This obligation also applies to an occupying power in situations of occupation, as well as forces of a State party acting outside its territory, such as forces constituting a national contingent of a State party assigned to an international peacekeeping or peace enforcement operation.
- 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
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 2010
Paragraph