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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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The right of the child to freedom of expression 2014, para. 79 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
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. 81 | Aug 19, 2019 | Paragraph | States are obliged to guarantee a free flow of ideas and information and the right to seek and receive as well as to impart information and ideas over the Internet. States are also required under international law to prohibit under its criminal law the following types of content: (a) child pornography; (b) direct and public incitement to commit genocide; (c) advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence; and (d) incitement to terrorism. However, the Special Rapporteur reminds all States that any such laws must also comply with the three criteria of restrictions to the right to freedom of expression, namely: prescription by unambiguous law; pursuance of a legitimate purpose; and respect for the principles of necessity and proportionality. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
The right of the child to freedom of expression 2014, para. 83 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 86 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 82 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 87 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 92 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 81 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 91 | Aug 19, 2019 | Paragraph | States should promote programming with educational and recreational content for children of different ages and with content produced by children. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 128 | Aug 19, 2019 | Paragraph | States are urged to prohibit and criminalize the production, distribution, dissemination, importation, exportation, offering, sale and possession of child pornography, which constitute acts of physical and psychological violence, as well as incitement to commit acts of violence against children, which constitutes, in addition, a failure to respect their human dignity. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
The right of the child to freedom of expression 2014, para. 93 | Aug 19, 2019 | Paragraph | States should address the risks posed by the Internet to the safety of children through holistic strategies that include the enhancement of users' capacities to protect themselves from online harm. Strategies should include training parents and professionals who work with children. Children should be actively engaged in the design and implementation of initiatives aimed at fostering online safety. Further research on the impact of the Internet on children's lives is also required. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 113 | Aug 19, 2019 | Paragraph | Freedom of opinion and expression is an early form of participation for children and constitutes a mechanism for inclusion that necessarily entails recognition and respect of human dignity. Children's opinions should therefore be respected and taken into account. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2010 | ||
The right of the child to freedom of expression 2014, para. 89 | Aug 19, 2019 | Paragraph | States should actively promote the right of children to freedom of expression, including access to information, in all settings. Traditional authoritarian attitudes towards children in all spheres, including the home, school and society in general, can be challenged. In particular, the State should pay attention to the creation of channels for child-led activism. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 71 | Aug 19, 2019 | Paragraph | With regard to child pornography, the Special Rapporteur notes that it is one clear exception where blocking measures are justified, provided that the national law is sufficiently precise and there are sufficient safeguards against abuse or misuse to prevent any "mission creep", including oversight and review by an independent and impartial tribunal or regulatory body. However, the Special Rapporteur calls upon States to focus their efforts on prosecuting those responsible for the production and dissemination of child pornography, rather than on blocking measures alone. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
The right of the child to freedom of expression 2014, para. 90 | Aug 19, 2019 | Paragraph | States should encourage the use of diverse forms of communication by children in schools, including oral, written and all forms of art. Schools curricula should impart knowledge on social communications, media and journalism. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 94 | Aug 19, 2019 | Paragraph | Regular attention to violations of the right of children to freedom of expression should be paid by all international human rights protection mechanisms. In particular, the Committee on the Rights of the Child could pursue articles 13 and 17 systematically in its recommendations to States. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 84 | Aug 19, 2019 | Paragraph | States must never forget to keep the goal of the best interest of the child at the forefront of all their public policies. This includes establishing regulatory norms to protect children from harm and, at the same time, ensuring that all norms comply with the international standards related to the right to freedom of expression. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 88 | Aug 19, 2019 | Paragraph | States should pay particular attention to the removal of authoritarian norms and practices within education systems given the centrality of schools in the promotion of children's agency. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 63 | Aug 19, 2019 | Paragraph | The Special Rapporteur notes that several initiatives have been taken in an attempt to bridge the digital divide. At the international level, Target 8f of the Millennium Development Goals calls upon States, "in consultation with the private sector, [to] make available the benefits of new technologies, especially information and communications." The necessity of achieving this target was reiterated in the 2003 Plan of Action adopted at the Geneva World Summit on the Information Society, which outlines specific goals and targets to "build an inclusive Information Society; to put the potential of knowledge and [information communication technologies] (ICTs) at the service of development; to promote the use of information and knowledge for the achievement of internationally agreed development goals." To implement this plan of action, in 2005, the International Telecommunication Union launched the "Connect the World" project. Another initiative to spread the availability of ICTs in developing countries is the "One Laptop Per Child" project that has been supported by the United Nations Development Programme. This project distributes affordable laptops that are specifically customized for the learning environment of children. Since this project was mentioned in the previous mandate holder's report in 2006, 2.4 million laptops have been distributed to children and teachers worldwide. In Uruguay, the project has reached 480,000 children, amounting to almost all children enrolled in primary school. States in Africa lag behind, but in Rwanda, over 56,000 laptops have been distributed, with plans for the figure to reach 100,000 by June 2011. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
The right of the child to freedom of expression 2014, para. 13 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 50 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 51 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 78 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
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. 20 | Aug 19, 2019 | Paragraph | Addressing child pornography online has become a major focus for regulation owing to the fact that the Internet has become the main gateway for the distribution of such content. The dissemination of child pornography is explicitly prohibited under international law, notably in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (defined in article 2 (c)). The Optional Protocol requires States parties to ensure that, as a minimum, producing, distributing, disseminating, importing, exporting, offering, selling or possessing child pornography (for purposes set out in article 3) are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis (article 3, para. 1 (c)). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
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. 21 | Aug 19, 2019 | Paragraph | Child pornography is therefore a clear exception to the rule, and dissemination of content via the Internet is legitimately restricted, and States are even required to prohibit it as a criminal offence. As noted by the Special Rapporteur on the sale of children, child prostitution and child pornography in her report to the Council at its twelfth session, the relevant legislation should be clear and comprehensive and should treat child pornography on the Internet as a grave violation of the rights of the child and as a criminal act. The Special Rapporteur considers that child pornography constitutes an act of violence against children and an offence to their human dignity, which provokes more violence against children. Moreover, the victim's privacy must be protected and appropriate protection measures and care adapted to the needs and characteristics of children must be available. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
The right of the child to freedom of expression 2014, para. 24 | Aug 19, 2019 | Paragraph | Article 12 of the Convention on the Rights of the Child represents a unique provision in international human rights law. This is a right that only children have, not adults, since children do not have a general right expressly set out in the International Covenant on Civil and Political Rights to express their views in all situations concerning them. That children are not always listened to justifies the inclusion in the Convention of a general right to be heard. The aim of article 12 is to address the legal and social status of children, who, on the one hand, lack the full autonomy of adults but, on the other, are subjects of rights (see CRC/C/GC/12, para. 1). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 27 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 28 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 29 | Aug 19, 2019 | Paragraph | 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). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
The right of the child to freedom of expression 2014, para. 10 | Aug 19, 2019 | Paragraph | Traditionally, the right to freedom of expression has not been associated with children, even though, as individuals, children benefit from all of the civil rights enunciated in the Covenant. Earlier international instruments dealing with children, such as the Geneva Declaration on the Rights of the Child of 1924 and the Declaration of the Rights of the Child (General Assembly resolution 1386 (XIV)), did not include any reference to this right, on the assumption that children were not able, because of their immaturity, to make meaningful choices. The Convention on the Rights of the Child marks a watershed in the protection of the rights and the inherent dignity of children. Unlike previous international legal instruments, the Convention promotes a dramatic shift in emphasis, from an approach based on the obligations of adults towards children (see the Declaration of the Rights of the Child) to one focusing on the child as a rights-holder. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 |