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The right to freedom of opinion and expression exercised through the Internet 2011, para. 71
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2011
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Families
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 113
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 128
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Personas afectadas
- Children
- Año
- 2010
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 88
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 89
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 84
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 94
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 93
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 91
- Paragraph text
- States should promote programming with educational and recreational content for children of different ages and with content produced by children.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
The right of the child to freedom of expression 2014, para. 90
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Conclusion / Recommendation
Párrafo
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).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
The right to freedom of opinion and expression exercised through the Internet 2011, para. 63
- Paragraph text
- 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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2011
- Tipo de párrafo
- Other
Párrafo
The right of the child to freedom of expression 2014, para. 12
- Paragraph text
- There is no reference in article 13 to the child's evolving capacities, nor is a minimum age or a certain degree of maturity for the exercise of the right to freedom of expression fixed. In this sense, freedom of expression has been regarded as having a developmental aspect, since its aim is to enable children to develop their minds and themselves in society with others and grow into citizens participating in public life. Children's freedom of expression does not - and cannot - start when children become capable of expressing their views autonomously or become teenagers; they cannot be expected to develop as autonomous beings and participants in society at the magical age of 18 years without having had the opportunity beforehand.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Adolescents
- Children
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
The right of the child to freedom of expression 2014, para. 22
- Paragraph text
- In article 13, paragraph 2, of the Convention on the Rights of the Child it is expressly stated that the exercise of the right to freedom of expression may be subject to certain restrictions, which are set out. The Committee on the Rights of the Child has not developed comprehensive jurisprudence on permissible limitations to this right. However, the analysis made by the Human Rights Committee on the interpretation and application of article 19, paragraph 3, of the Covenant applies, mutatis mutandis, to the child's right to freedom of expression (see CCPR/C/GC/34, para. 21).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- All
- Children
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
The right of the child to freedom of expression 2014, para. 68
- Paragraph text
- Social networking sites are also increasingly important to children as a means of fostering relationships and facilitating information exchange and interaction. Children report that social networking encourages creativity, enables choices and opinions to be informed by peer preferences, facilitates discussion and provides a platform for self-expression that is unavailable offline. These sites may serve an especially important role for members of minority groups, such as the lesbian, gay, bisexual and transgender community, who might otherwise feel isolated.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- LGBTQI+
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
The right of the child to freedom of expression 2014, para. 75
- Paragraph text
- There is a need to create an environment in which information and communications technologies, including the Internet, are regulated and monitored from the perspective of empowering children to use these technologies in a way that promotes children's rights and development while also promoting safety (see CRC/C/GC/13). The European Commission provides a useful example of strategies to improve the online safety of children in its European Strategy for a Better Internet for Children. Empowerment is more than just making the Internet a safer space for children, however: it is also necessary to focus attention on how the Internet is a tool for accessing information and supporting children to think critically.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
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.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Ethnic minorities
- Año
- 2016
- Tipo de párrafo
- Other
Párrafo
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 51
- Paragraph text
- The evolution of one's own thinking, the ability to express one's thoughts clearly and the capacity to use alternative means of expression, such as art and electronic and audiovisual means of communication, begin to be developed in childhood. Therefore, child protection programmes should make a special effort to focus on respect for children's freedom of opinion and expression. Early stimulation and learning programmes should also be promoted, as should full access to schooling and participatory educational programmes that encourage critical thinking, the capacity for expression and a culture of peace.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2010
- Tipo de párrafo
- Other
Párrafo
The right of the child to freedom of expression 2014, para. 33
- Paragraph text
- The Committee has also observed that the media play an important role both in promoting awareness of the rights of children to express their views and in providing opportunities for the expression of such views (see CRC/C/GC/12, para. 83). Other duties of the media under this provision include: providing access to different sources of information; portraying the positive contribution of young people to society; disseminating information on the existence of services, facilities and opportunities for children; promoting egalitarian principles and roles; and minimizing the level of pornography, drugs and violence portrayed (see General Assembly resolution 45/112, annex).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- Children
- Youth
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
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).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo
The right of the child to freedom of expression 2014, para. 31
- Paragraph text
- States parties are required under article 17 (e) to develop appropriate guidelines for the protection of the child from information and material injurious to his or her well-being. Accordingly, although children should be given access to an increasing range of material as they mature, depending on their evolving capacities, they should also be protected from material that is likely to be harmful to their development. The Committee's jurisprudence has not provided a comprehensive definition of "harmful and injurious material", except in general references to violent, racist or pornographic material.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Equality & Inclusion
- Personas afectadas
- Children
- Año
- 2014
- Tipo de párrafo
- Other
Párrafo