Consejos de búsqueda
ordenados por
30 listados de 1365 Entidades
11 columns hidden
Título | Fecha de adición | Plantilla | Organo | Condicón jurídica | Tipo de documento | Año | Código de documento | Document | Paragraph text | Thematics | Temas | Personas afectadas | Año |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Protection of journalists and press freedom 2010, para. 88 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | Given that in at least 4 of every 10 cases involving the murder of journalists, the victims receive threats before being killed, the Special Rapporteur urges all Governments to investigate such threats and ensure effective protection, for example through witness protection programmes. In this regard, the Special Rapporteur notes that detailed guidelines and recommendations have been set out in the report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (see A/63/313), the reports of the Office of the United Nations High Commissioner for Human Rights on the right to the truth (A/HRC/12/19 and A/HRC/15/33) and the analytical study on human rights and transitional justice (A/HRC/12/18). |
| 2010 | |||||
Protection of journalists and press freedom 2010, para. 79 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur is alarmed and concerned that the number of journalists and media personnel killed in 2009 was the highest since 1992, and that 81 per cent of those killings were deliberate and targeted. While the risk of armed conflict increases the risk to the lives of journalists and other media professionals, more journalists were killed in non-conflict situations, mostly for reporting on organized crime or drug trafficking, environmental matters or human rights violations and corruption, or for voicing criticism of Government or the powerful. |
|
| 2010 | ||||
Protection of journalists and press freedom 2010, para. 95 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | In addition, the Special Rapporteur encourages journalists and citizen journalists to be aware of the dangers involved before entering a conflict or disaster zone and to receive appropriate training, including knowledge of first aid and munitions. In this regard, the Special Rapporteur notes that a number of media organizations have formulated guidelines for journalists so that they can be better prepared for assignments in a war zone. Such guidelines include the International News Safety Institute safety code, the Charter for the Safety of Journalists Working in War Zones or Dangerous Areas, developed by Reporters without Borders, and the Journalist Safety Guide of CPJ. |
|
| 2010 | ||||
Protection of journalists and media freedom 2012, para. 111 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur recommends that civil society organizations work to raise awareness of the risks faced by journalists, the international standards which exist to protect them, and how these might be implemented through campaigns and training initiatives; that civil society organizations, including journalists, make efforts to ensure that global standards of professional conduct are met in order to enhance the credibility and protection of journalists; and that they coordinate with one another and with the United Nations in order to ensure that their work is complementary. |
|
| 2012 | ||||
The right to access information 2013, para. 107 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | Government officials who release confidential information concerning violations of the law, wrongdoing by public bodies, grave cases of corruption, a serious threat to health, safety or the environment, or a violation of human rights or humanitarian law (i.e. whistle-blowers) should, if they act in good faith, be protected against legal, administrative or employment-related sanctions. Other individuals, including journalists, other media personnel and civil society representatives, who receive, possess or disseminate classified information because they believe that it is in the public interest, should not be subject to liability unless they place persons in an imminent situation of serious harm. |
| 2013 | |||||
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 82 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | Individuals should have a legal right to be notified that they have been subjected to communications surveillance or that their communications data has been accessed by the State. Recognizing that advance or concurrent notification might jeopardize the effectiveness of the surveillance, individuals should nevertheless be notified once surveillance has been completed and have the possibility to seek redress in respect of the use of communications surveillance measures in their aftermath. |
|
| 2013 | ||||
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 79 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | States cannot ensure that individuals are able to freely seek and receive information or express themselves without respecting, protecting and promoting their right to privacy. Privacy and freedom of expression are interlinked and mutually dependent; an infringement upon one can be both the cause and consequence of an infringement upon the other. Without adequate legislation and legal standards to ensure the privacy, security and anonymity of communications, journalists, human rights defenders and whistleblowers, for example, cannot be assured that their communications will not be subject to States' scrutiny. |
|
| 2013 | ||||
The protection of sources and whistle-blowers 2015, para. 61 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | National legal frameworks must protect the confidentiality of sources of journalists and of others who may engage in the dissemination of information of public interest. Laws guaranteeing confidentiality must reach beyond professional journalists, including those who may be performing a vital role in providing wide access to information of public interest such as bloggers, "citizen journalists", members of non-governmental organizations, authors and academics, all of whom may conduct research and disclose information in the public interest. Protection should be based on function, not on a formal title. |
|
| 2015 | ||||
The protection of sources and whistle-blowers 2015, para. 69 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | All the above recommendations to States apply to the United Nations and other international organizations. In addition, the United Nations and international organizations should adopt effective norms and policies of transparency to enable the public to have greater access to information. Specific norms protecting whistle-blowers should follow similar criteria to those provided in the recommendations to States: wide scope of application, promotion of disclosure of information in the public interest and clarity in the mechanisms for reporting and requesting protection. Particular attention must be paid to the effectiveness and independence of existing reporting and justice mechanisms, given the lack of access of whistle-blowers to any other formal justice system. |
|
| 2015 | ||||
The protection of sources and whistle-blowers 2015, para. 65 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | Protections against retaliation should apply in all public institutions, including those connected to national security. Given that prosecutions generally deter whistle-blowing, States should avoid them, reserving them, if at all, for exceptional cases of the most serious demonstrable harm to a specific legitimate interest. In such situations, the State should bear the burden of proving an intent to cause harm, and defendants should be granted (a) the ability to present a defence of an overriding public interest in the information, and (b) access to all information necessary to mount a full defence, including otherwise classified information. Penalties should take into account the intent of the whistle-blower to disclose information of public interest and meet international standards of legality, due process and proportionality. |
|
| 2015 | ||||
Freedom of expression, States and the private sector in the digital age 2016, para. 85 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | States bear a primary responsibility to protect and respect the right to exercise freedom of opinion and expression. In the information and communication technology context, this means that States must not require or otherwise pressure the private sector to take steps that unnecessarily or disproportionately interfere with freedom of expression, whether through laws, policies, or extralegal means. Any demands, requests and other measures to take down digital content or access customer information must be based on validly enacted law, subject to external and independent oversight, and demonstrate a necessary and proportionate means of achieving one or more aims under article 19 (3) of the International Covenant on Civil and Political Rights. Particularly in the context of regulating the private sector, State laws and policies must be transparently adopted and implemented. |
|
| 2016 | ||||
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. 84 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | Enabling individuals to effectively use the content made available via the Internet requires a number of elements, including the skills to use the technology. The Special Rapporteur thus recommends that States include Internet literacy skills in school curricula and support similar learning modules outside of schools. In addition to basic skills training, modules should clarify the benefits of accessing information online and of responsibly contributing information. Training can also help individuals learn how to protect themselves against harmful content, such as the potential consequences of revealing private information on the Internet, as well as against undue restrictions by States or corporations through the use of encryption or circumvention technology. |
|
| 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. 82 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | With regard to technical measures taken to regulate the above-mentioned type of prohibited expression, such as the blocking of content, the Special Rapporteur reiterates that States should provide full details regarding the necessity and justification for blocking a particular website and that the determination of what content should be blocked must be undertaken by a competent judicial authority or a body that is independent of any political, commercial or other unwarranted influences in order to ensure that blocking is not used as a means of censorship. |
|
| 2011 | ||||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 118 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | States have an obligation to guarantee to all individuals the full enjoyment of the right to freedom of opinion and expression through any medium, while ensuring that their human rights are respected and protected. In particular, they should guarantee the full enjoyment of this right to all persons engaged in journalistic activities in places of internal conflict or war, where the nature of their work places them in a position of greater vulnerability; all social communicators are considered to be journalists for this purpose. |
|
| 2010 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 72 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur remains concerned that legitimate online expression is being criminalized in contravention of States' international human rights obligations, whether it is through the application of existing criminal laws to online expression, or through the creation of new laws specifically designed to criminalize expression on the Internet. Such laws are often justified as being necessary to protect individuals' reputation, national security or to counter terrorism. However, in practice, they are frequently used to censor content that the Government and other powerful entities do not like or agree with. |
|
| 2011 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 78 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | While blocking and filtering measures deny users access to specific content on the Internet, States have also taken measures to cut off access to the Internet entirely. The Special Rapporteur considers cutting off users from Internet access, regardless of the justification provided, including on the grounds of violating intellectual property rights law, to be disproportionate and thus a violation of article 19, paragraph 3, of the International Covenant on Civil and Political Rights. |
|
| 2011 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 68 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur emphasizes that there should be as little restriction as possible to the flow of information via the Internet, except in few, exceptional, and limited circumstances prescribed by international human rights law. He also stresses that the full guarantee of the right to freedom of expression must be the norm, and any limitation considered as an exception, and that this principle should never be reversed. Against this backdrop, the Special Rapporteur recommends the steps set out below. |
|
| 2011 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 71 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | 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. |
|
| 2011 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 77 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | The Special Rapporteur commends the work undertaken by organizations and individuals to reveal the worldwide status of online impediments to the right to freedom of expression. He encourages intermediaries in particular to disclose details regarding content removal requests and accessibility of websites. Additionally, he recommends corporations to establish clear and unambiguous terms of service in line with international human rights norms and principles and to continuously review the impact of their services and technologies on the right to freedom of expression of their users, as well as on the potential pitfalls involved when they are misused. The Special Rapporteur believes that such transparency will help promote greater accountability and respect for human rights. |
|
| 2011 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 76 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | In addition, while States are the primary duty-bearers of human rights, the Special Rapporteur underscores that corporations also have a responsibility to respect human rights, which means that they should act with due diligence to avoid infringing the rights of individuals. The Special Rapporteur thus recommends intermediaries to: only implement restrictions to these rights after judicial intervention; be transparent to the user involved about measures taken, and, where applicable, to the wider public; provide, if possible, forewarning to users before the implementation of restrictive measures; and minimize the impact of restrictions strictly to the content involved. Finally, there must be effective remedies for affected users, including the possibility of appeal through the procedures provided by the intermediary and by a competent judicial authority. |
|
| 2011 | ||||
The right to freedom of opinion and expression exercised through the Internet 2011, para. 81 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | When a cyber-attack can be attributed to the State, it clearly constitutes, inter alia, a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future. |
|
| 2011 | ||||
Hate speech and incitement to hatred 2012, para. 80 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | For other types of hate speech that do not meet the threshold of advocacy of national, racial or religious hatred constituting incitement to discrimination, hostility or violence, the Special Rapporteur recommends that States adopt civil laws, with the application of diverse procedural and substantive remedies, such as restoring reputation, preventing recurrence and providing financial compensation. Indeed, with regard to speech that raises concern in terms of civility and tolerance for others, rather than lowering the threshold for incitement to hatred, responses to discrimination need to be strengthened, including by enhancing the enjoyment of the rights of ethnic, religious or linguistic minorities (article 27 of the International Covenant on Civil and Political Rights) and adopting policies and effective measures to eliminate racial discrimination (articles 2 and 5 of the International Convention on the Elimination of All Forms of Racial Discrimination). |
|
| 2012 | ||||
The right to access information 2013, para. 89 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | In parallel, the global recognition of the overall importance of transparency of public institutions in the consolidation of peace, democracy and development is unquestionable. Explicitly included as a component of the right to freedom of expression, the right to access information is increasingly protected by national laws. Technological advances, democratic transitions and the expansion of civil society activity have contributed to a significant increase in the demand for all types of information held by public bodies. |
|
| 2013 | ||||
The right to access information 2013, para. 93 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | Given that the enjoyment of human rights also implies responsibilities, and is based on the principles of universality, equality and interdependence, there is a shared responsibility in denouncing human rights violations whenever they occur. Such responsibility is of greater importance in the case of public officials. Therefore, the disclosure in good faith of relevant information relating to human rights violations should be accorded protection from liability. On the other hand, the silence of State officials on violations that they witness can be interpreted as complicity. Transitions to peace and democracy based on silence over past crimes, atrocities or impunity are not sustainable. |
|
| 2013 | ||||
The right to access information 2013, para. 104 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | The adoption of national norms should be followed by concerted efforts to enhance the technical capacity of State institutions to manage and disseminate information. Moreover, public officials must be trained and have their awareness raised in order to fulfil their responsibilities regarding the adequate maintenance of records and dissemination of information. Further efforts are also necessary to raise public awareness of the right to access information and the existing mechanisms to exercise it. |
|
| 2013 | ||||
The right to access information 2013, para. 103 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | States should, in particular, consider the appointment of a focal point, such as an information commissioner, to assist in the implementation of national norms on access to information or the creation of a State institution responsible for access to information. Such mechanisms could be mandated to process requests for information, assist applicants, ensure the proactive dissemination of information by public bodies, monitor compliance with the law and present recommendations to ensure adherence to the right to access information. |
|
| 2013 | ||||
The right of the child to freedom of expression 2014, para. 92 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | 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. |
|
| 2014 | ||||
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 57 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | States should revise or establish, as appropriate, national laws and regulations to promote and protect the rights to privacy and freedom of opinion and expression. With respect to encryption and anonymity, States should adopt policies of non-restriction or comprehensive protection, only adopt restrictions on a case-specific basis and that meet the requirements of legality, necessity, proportionality and legitimacy in objective, require court orders for any specific limitation, and promote security and privacy online through public education. |
|
| 2015 | ||||
Contemporary challenges to freedom of expression 2016, para. 57d | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | [Among steps that I would encourage are the following:] Support independent media and civic space. In the face of State repression of reporting, it is critical that States make an extra effort to support independent voices in the media and civil society at large. At a minimum, I encourage States to avoid imposing restrictions on reporting and research that may be seen to criticize the Government and its policies or to share information about sensitive subjects, including terrorism. States should especially avoid imposing obstacles, such as accreditation procedures or penalties through defamation lawsuits or intermediary liability, that undermine independent media. At the same time, those with the means - such as private donors and foundations - should make a special effort to support independent media and to foster strong scrutiny of media conglomerations that squeeze out the less well-financed outlets; |
|
| 2016 | ||||
Protection of journalists and press freedom 2010, para. 81 | 19 de ago. de 2019 | Paragraph | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Non-negotiated soft law | Special Procedures' report | It is also worrying that the number of journalists forced into exile as a result of attacks, threats and possible imprisonment doubled between 2009 and 2010 compared with the previous year. While the host Government has the obligation to respect and to ensure the rights of all individuals within its territory, regardless of nationality or other grounds, the Special Rapporteur reiterates the obligation of all States to guarantee the protection of journalists and others who exercise their right to freedom of expression in their own countries in the first place. |
|
| 2010 |