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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 to freedom of opinion and expression exercised through the Internet 2011, para. 27 | Aug 19, 2019 | Paragraph | In addition, the Special Rapporteur emphasizes that due to the unique characteristics of the Internet, regulations or restrictions which may be deemed legitimate and proportionate for traditional media are often not so with regard to the Internet. For example, in cases of defamation of individuals' reputation, given the ability of the individual concerned to exercise his/her right of reply instantly to restore the harm caused, the types of sanctions that are applied to offline defamation may be unnecessary or disproportionate. Similarly, while the protection of children from inappropriate content may constitute a legitimate aim, the availability of software filters that parents and school authorities can use to control access to certain content renders action by the Government such as blocking less necessary, and difficult to justify. Furthermore, unlike the broadcasting sector, for which registration or licensing has been necessary to allow States to distribute limited frequencies, such requirements cannot be justified in the case of the Internet, as it can accommodate an unlimited number of points of entry and an essentially unlimited number of users. | 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. 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. 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 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. 48 | Aug 19, 2019 | Paragraph | In some domains, there may be legitimate and understandable concerns for children's safety and well-being in gaining access to some types of information. For example, many countries regulate broadcasting, and television in particular, with a view, among other things, to protecting children. National regulations often include some kind of watershed system, for example, and establish independent bodies to enforce that system. Content generally considered unsuitable for children includes sexually explicit content, violence and offensive language. Regulations can, however, have a significant impact on freedom of the media. Moreover, the definition of what constitutes harmful information is subjective. Accordingly, any regulations aimed at protecting children and the mechanisms adopted to enforce them should be reviewed regularly, in an open and transparent way, in order to prevent the imposition of disproportionate or arbitrary restrictions that curtail the rights of both adults and children. Furthermore, it is crucial to ensure the independence of the bodies tasked with enforcing these regulations - rules regarding membership, for example, should be defined so as to protect them against any interference, in particular by political forces or economic interests. | 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. 34 | Aug 19, 2019 | Paragraph | Children face particular hurdles to the realization of their right to freedom of expression as a result of entrenched paternalistic attitudes that often overstate the risks of allowing children to communicate freely and underestimate their agency. In addition, the rights of children are also affected by all the barriers hampering the freedom of expression of 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. 25 | Aug 19, 2019 | Paragraph | Paragraph 1 of the article accords to the child who is capable of forming his or her views the right to express those views freely in all matters affecting him or her, and the subsequent right to have those views given due weight in accordance with his or her age and maturity. Paragraph 2 asserts the right of the child to be heard in any judicial or administrative proceedings affecting him or her. | 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. 15 | Aug 19, 2019 | Paragraph | The scope of the right to freedom of expression is quite wide. According to the Committee on the Rights of the Child, article 13 of the Convention confers a right that can be exercised not only against the State, but also within the family, in the community, at school, in public policy decisions and in society. | 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. 52 | Aug 19, 2019 | Paragraph | While upholding the right to freedom of expression, Governments have a duty to protect children from information that could undermine their dignity and development. They should therefore establish protective mechanisms and define their content, scope and implementation methods in their domestic human rights laws (see section C below on limitations). | 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. 21 | Aug 19, 2019 | Paragraph | Lastly, children have the right to impart information to others. As is the case for the right to receive information, there are few references to this right in the jurisprudence of the Committee on the Rights of the Child. The Committee has stated, for example, that children have the right to contribute to children's magazines, television and other media, to engage in political activities both within and outside the school and to set up Internet chat rooms. | 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. 64 | Aug 19, 2019 | Paragraph | 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). | 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. 56 | Aug 19, 2019 | Paragraph | 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. | 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. 46 | Aug 19, 2019 | Paragraph | Disproportionate legal restrictions interfere with the rights of both adults and children. This includes legislation containing vaguely worded limitation clauses citing, for example, the requirement to interpret freedom of expression in the light of "Islamic principles" or excessively wide interpretations of risks to security, which could exceed the restrictions set out in articles 13, paragraph 2, and 15 of the Convention on the Rights of the Child (see CRC/C/15/Add.254, para. 40, and CRC/C/PRK/CO/4, paras. 27-28). | 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. 47 | Aug 19, 2019 | Paragraph | The Special Rapporteur also underscores the importance of educating individuals about Internet safety and security, including fraud, potential consequences of revealing private information on the Internet and the use of encryption or circumvention technologies to protect information from unwarranted interference, which is of particular importance for human rights defenders. Children should also be trained from an early age with regard to Internet safety. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2011 | ||
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. 52 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2014 | ||
Freedom of expression, States and the private sector in the digital age 2016, para. 57 | Aug 19, 2019 | Paragraph | 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. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
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| 2016 | ||
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. 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. 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. 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 | ||
The right of the child to freedom of expression 2014, para. 72 | Aug 19, 2019 | Paragraph | The Special Rapporteur on the rights to freedom of peaceful assembly and of association has previously noted with concern the increase in restrictions on the Internet, for instance by blocking and monitoring online activities in order to target and silence activists and critics and criminalize legitimate expression - in some cases, Governments have adopted restrictive legislation to justify such measures (see A/HRC/17/27, para. 23). These restrictions are often imposed without transparency, which makes the reporting of censorship issues difficult. Furthermore, even where some level of restriction may be justified, blanket bans on material beyond unlawful content are disproportionate to the goal of protection (ibid., para. 44). Indeed, such measures also have unintended consequences that range from excessively limiting adults' right to freedom of expression to putting children in greater danger by inhibiting discussion about online risks. | 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. 71 | Aug 19, 2019 | Paragraph | The popular fear that the Internet is dangerous to all children is misleading and oversimplifies the reality that the Internet can be both harmful and beneficial in certain circumstances. Understanding children's vulnerability to online risks from a wider social and cultural perspective can give greater insight into the nature of these concerns and how they should be framed. Children's use of the Internet, their behaviour and vulnerabilities to risks are different at different ages and depend on the individual child. Protection measures must seek to recognize the evolving capacities of children rather than use absolute blocking or censorship measures that adversely affect children and adults alike. | 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. 65 | Aug 19, 2019 | Paragraph | The Internet has dramatically improved the ability of children and adults in all regions of the world to communicate quickly and cheaply. It is therefore an important vehicle for children to exercise their right to freedom of expression and can serve as a tool to help children claim their other rights, including the right to education, freedom of association and full participation in social, cultural and political life. It is also essential for the evolution of an open and democratic society, which requires the engagement of all citizens, including children. The potential risks associated with children accessing the Internet, however, also feature prominently in debates about its regulation, with protection policies tending to focus exclusively on the risks posed by the Internet and neglecting its potential to empower children. More worryingly, some States resort to disproportionate and ineffective measures, whether out of a genuine desire to protect children or as a front for censorship, such as broad and insensitive filtering and blocking systems that undermine online communication for all. | 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. 61 | Aug 19, 2019 | Paragraph | For children to be able to form their own views and become informed and responsible citizens, they also need to have access to information from a range of sources. This access is limited for many children, in particular for those living in isolated communities and those deprived of their liberty. The Committee on the Rights of the Child has also raised the issue of accessibility of information for minority groups, which may not be sufficiently relevant to their needs or in their own language, and for children with disabilities. | 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. 54 | Aug 19, 2019 | Paragraph | Besides protecting the right of children to freedom of expression, States are also obliged to promote children's freedom of expression. It is not sufficient to encourage children's participation in activities organized by adults such as music, art and drama to guarantee their freedom of expression. Children should have satisfactory opportunities and space to articulate their views orally or by other means, without fear of punishment, and have access to information from diverse sources and across borders - and this applies to all children without discrimination. This positive obligation should also be kept in mind during times of economic crisis, when funds for public libraries, activities such as music lessons and facilities such as playing fields are often among the first to get cut. Some examples of how children's freedom of expression can be actively promoted are listed below. | 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. 47 | Aug 19, 2019 | Paragraph | Undue restrictions on the child's right to peaceful assembly mirror some of the common obstacles to their freedom of expression. In a recent report, the Special Rapporteur on the rights to freedom of peaceful assembly and of association noted:
There may be safety concerns when young people participate in some public demonstrations. However, … laws such as that of Malaysia [where children under 15 years of age cannot participate in a public demonstration] are not tailored narrowly enough to specifically address that concern. Rather, a blanket ban on individuals of a certain age eliminates the right to participate in peaceful public assemblies for an entire portion of the population, without exception, contrary to article 15 of the Convention on the Rights of the Child. (See A/HRC/26/29, para. 24.) | 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. 45 | Aug 19, 2019 | Paragraph | The effects of limits on children's right to freedom of expression spill out of the school gates into public life. Children, just as adults, may be subject to excessive violence or arbitrary detention for expressing political views. For example, the Committee on the Rights of the Child recently highlighted such violations to the Syrian Arab Republic in relation to the arrest and incommunicado detention of a group of children between 8 and 15 years of age accused of painting anti-government graffiti on a school wall in the southern town of Dara'a (see CRC/C/SYR/CO/3-4, para. 46). It also expressed its concern to Belarus about the detention of adolescents during demonstrations held in the context of presidential elections in December 2010 (see CRC/C/BLR/CO/3-4, para. 35). | 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. 32 | Aug 19, 2019 | Paragraph | This right is closely related to the right to seek information set out in article 13 of the Convention, since its exercise aims to enable children to inform themselves and thus be able to participate in social life. The Committee on the Rights of the Child has noted that the fulfilment of this right also constitutes a prerequisite for the effective exercise of the right to be heard (art. 12). The Committee has clarified that children need access to information in formats appropriate to their age and capacities on all issues of concern to them, for example information relating to their rights, any proceedings affecting them, national legislation, regulations and policies, local services, and appeals and complaints procedures. | 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 |