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Contemporary challenges to freedom of expression 2016, para. 41
- Paragraph text
- Human rights law places a high value on the individual's ability to hold beliefs and practise religious faith. The Human Rights Council has raised concerns about discrimination and violence against persons on the basis of their religion or belief (see Council resolution 16/18). Yet neither article 18, on freedom of religion, conscience or belief, article 19 nor article 20 (2) of the Covenant protects religions, institutions or beliefs as such. The Special Rapporteur on freedom of religion or belief has noted that the right to freedom of religion or belief has sometimes been misperceived as protecting religions or belief systems in themselves (see A/HRC/31/18, para. 13), when it in fact protects individuals holding or expressing those beliefs. In paragraph 48 of its general comment No. 34, the Human Rights Committee emphasized that prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with article 19. Nor, the Committee noted, would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or commentary on religious doctrine and tenets of faith.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Contemporary challenges to freedom of expression 2016, para. 25
- Paragraph text
- States often assert vague prohibitions on "advocacy of hatred" that do not amount to incitement under article 20 of the Covenant or meet the requirement of necessity under article 19 (3) thereof (see A/67/357). In an exchange with the Government of Pakistan, I raised concerns that recent legislation aims to limit "extremism" and "hate speech" without specifically defining either term. The Government responded as follows: "We firmly believe that for combating extremism, any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, should be prohibited by law." While that statement accurately reflects article 20, the legislation itself would penalize the dissemination of information "that advances or is likely to advance inter-faith, sectarian or racial hatred", seemingly regardless of whether such dissemination constitutes incitement. European human rights law also fails to define hate speech adequately, a point emphasized in the joint dissenting opinion of Judges Sajó and Tsotsoria in the Delfi v. Estonia judgment of the European Court of Human Rights in 2015. The dissenting judges stated that even in the context of the prohibition of incitement, there is a very real risk that States will regulate online expression without demonstrating that the elements of incitement have been met in an online environment.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 15
- Paragraph text
- 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.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 36
- Paragraph text
- The Special Rapporteur has consistently underlined the importance of the right to freedom of opinion and expression, not only as a right that should be guaranteed to all, including individuals belonging to marginalized groups, but also as a means to claim and enjoy all other rights. Indeed, it is a fundamental right that safeguards the exercise of all other rights and is a critical foundation of democracy, which depends on the free flow of diverse sources of information and ideas. The Constitution of UNESCO also affirms that peace can be promoted by facilitating the free flow of ideas and understanding among peoples of the world. Moreover, freedom of expression is essential to creating an environment conducive to critical discussions of religious and racial issues and also to promoting understanding and tolerance by deconstructing negative stereotypes. As the Special Rapporteur has previously emphasized, for the right to freedom of thought, conscience and religion to be fully realized, robust examination and criticism of religious doctrines and practices - even in a harsh manner - must also be allowed.6 As with all human rights, however, the exercise of the right to freedom of expression should not be aimed at the violation of any of the rights and freedoms of others, including the right to equality and non-discrimination.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 25
- Paragraph text
- Regrettably, instances of incitement to hatred continue to be found in all regions, as highlighted in the joint paper submitted to the regional expert workshops on the prohibition of incitement to national, racial or religious hatred by the Special Rapporteur, the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 75
- Paragraph text
- There has been a worrying increase in the number of expressions of hate, incitement to violence and discrimination. Such expressions have often been compounded by politicians and the mass media, while the Internet has also facilitated the multiplication and visibility of hate speech in recent years. These trends are of concern, given that every individual human being is entitled to the same dignity and rights, including the right not to be discriminated against, regardless of national origin, social, racial, ethnic or religious background, disability, gender, sexuality or any other grounds. The promotion and protection of the right to freedom of expression must, however, go hand in hand with efforts to combat intolerance, discrimination and incitement to hatred. While the right to freedom of expression can and should be restricted in extreme cases, such as incitement to genocide and incitement to hatred in accordance with international norms and principles, the right to freedom of expression contributes to exposing harms caused by prejudice, combating negative stereotypes, offering alternative views and counterpoints and creating an atmosphere of respect and understanding between peoples and communities around the world.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 109
- Paragraph text
- Community-based media are effective instruments for ensuring the exercise of the right to freedom of opinion and expression in all social sectors, without any form of discrimination whatsoever, in accordance with the principles of pluralism and diversity that should guide the exercise of this right.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 106
- Paragraph text
- Freedom of expression is also a right of peoples, in that, through its effective exercise, peoples can develop, impart and reproduce their culture, their language, their traditions and their values.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 87
- Paragraph text
- The Durban Review Conference outcome document made an important contribution to our understanding of freedom of opinion and expression in the context of the effort to combat discrimination and racism in its paragraph 58, which: "Stresses that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society, and stresses further the role that right can play in the fight against racism, racial discrimination, xenophobia and related intolerance worldwide."
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 86
- Paragraph text
- The Special Rapporteur notes and deeply regrets the continuing existence in the world of stereotypes and prejudice against ethnic, racial, linguistic and religious groups that are the result of racism and discrimination or of the erroneous application of national security and anti-terrorism policies. It is essential that this problem be recognized and that it be countered by a developing culture of peace based on intercultural dialogue and tolerance which promotes respect in intercultural relationships.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
The protection of sources and whistle-blowers 2015, para. 42
- Paragraph text
- Impunity for reprisals sends a message to all potential whistle-blowers that the institution lacks commitment to their protection, while serious and effective penalties are necessary to overcome the structural and cultural protection of secrecy. Whistle-blower laws should therefore include specific rules that make clear the penalties that those who commit reprisals will face, including civil or criminal repercussions for officials in leadership positions. Zambian law, for example, provides for substantial penalties (fines and imprisonment) against "a person who takes any detrimental action that is in reprisal for a person who makes a protected disclosure".
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
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).
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right to access information 2013, para. 46
- Paragraph text
- The Court has also considered judicial proceedings to be essential to the right to know the truth, holding that States may establish truth commissions, which contribute to the creation and preservation of historical memory, elucidation of the facts and the determination of institutional, social and political responsibilities during certain historical periods in society. Nevertheless, the Court considers that this does not complete, or substitute for, the State's obligation to establish the truth through judicial proceedings; hence, the State has the obligation to open and expedite criminal investigations in order to determine the corresponding responsibilities.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 66
- Paragraph text
- States also have a responsibility to establish a comprehensive strategy of interaction to stimulate tolerance. This can include initiatives to host interreligious platforms for cooperation and dialogue at various levels of leadership, including the local, regional and international levels. Such initiatives should aim not only to achieve greater understanding or to combat prejudices and stereotypes in public and political discourse, but also to facilitate coalition-building across diverse cultural and religious communities and incorporate conflict prevention and de-escalation strategies.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 54
- Paragraph text
- At the international level, the Special Rapporteur welcomes the shift from the notion of "defamation of religions" to the protection of individuals against incitement to religious hatred. The Human Rights Council, for the second year, has adopted by consensus a resolution on combating intolerance, negative stereotyping and stigmatization of, and discrimination, incitement to violence and violence against, persons based on religion or belief (resolution 19/25). In that resolution, the Council condemns any advocacy of religious hatred that constitutes incitement to discrimination, hostility or violence, whether it involves the use of print, audiovisual or electronic media or any other means. It also recognizes that open public debate of ideas, as well as interfaith and intercultural dialogue, at the local, national and international levels can be among the best protections against religious intolerance and can play a positive role in strengthening democracy and combating religious hatred, convinced that a continuing dialogue on these issues can help overcome existing perceptions. Furthermore, it notes the speech given by the Secretary-General of the Organization of the Islamic Conference at the fifteenth session of the Council and draws on his call on States to take various actions to foster a domestic environment of religious tolerance, peace and respect. Lastly, it also calls for strengthened international efforts to foster a global dialogue for the promotion of a culture of tolerance and peace at all levels, based on respect for human rights and diversity of religions and beliefs. The Special Rapporteur is pleased to note that, after several years of debate, the Council has found a way to unanimously address concerns relating to religious intolerance without referring to concepts or notions that would undermine international human rights law.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 53
- Paragraph text
- The Special Rapporteur also reiterates his concern in relation to anti blasphemy laws, which are inherently vague and leave the entire concept open to abuse. He wishes to underscore once again that international human rights law protects individuals and not abstract concepts such as religion, belief systems or institutions, as also affirmed by the Human Rights Committee (CCPR/C/GC/34, para. 48). Moreover, the right to freedom of religion or belief, as enshrined in relevant international legal standards, does not include the right to have a religion or belief that is free from criticism or ridicule. Indeed, the right to freedom of expression includes the right to scrutinize, debate openly, make statements that offend, shock and disturb, and criticize belief systems, opinions and institutions, including religious ones, provided that they do not advocate hatred that incites hostility, discrimination or violence. The Special Rapporteur thus reiterates his call to all States to repeal anti-blasphemy laws and to initiate legislative and other reforms that protect the rights of individuals in accordance with international human rights standards.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 52
- Paragraph text
- Other examples of vague and overbroad legal provisions prohibiting incitement to hatred, which can be abused to censor discussion on matters of legitimate public interest, include "contempt of heavenly religions", "fanaticism", "expression of feelings of hostility", "outraging religious feelings", "provocation of sectarian or racial division", "exciting racial hostility", "inciting unlawful acts", "all acts creating division among religions", "promoting one's own individual opinion on issues that are in disagreement among Islamic scholars", "inciting people to disputes" and "talking about religions other than Islam".22
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 44d
- Paragraph text
- [Moreover, attention is drawn to the following definitions that have been developed through consultations of experts and discussed at the OHCHR regional expert workshops on incitement:] Discrimination is understood as any distinction, exclusion or restriction made on the basis of race, colour, descent, national or ethnic origin, nationality, gender, sexual orientation, language, religion, political or other opinion, age, economic position, property, marital status, disability, or any other status that has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise, on an equal footing, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field of public life;
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 22
- Paragraph text
- The right to freedom of opinion and expression is as much a fundamental right on its own accord as it is an "enabler" of other rights, including economic, social and cultural rights, such as the right to education and the right to take part in cultural life and to enjoy the benefits of scientific progress and its applications, as well as civil and political rights, such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other human rights.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
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. 30
- Paragraph text
- The Special Rapporteur reiterates that restrictions must be formulated in a way that makes clear that its sole purpose is to protect individuals from hostility, discrimination or violence, rather than to protect belief systems, religions or institutions as such from criticism. The right to freedom of expression implies that it should be possible to scrutinize, openly debate and criticize, even harshly and unreasonably, ideas, opinions, belief systems and institutions, including religious ones, as long as this does not advocate hatred that incites hostility, discrimination or violence against an individual or a group of individuals.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
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. 29
- Paragraph text
- As highlighted in joint papers for a series of expert workshops on the prohibition of incitement to national, racial or religious hatred organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in 2011, the Special Rapporteur remains concerned by the vague formulation of some domestic legal provisions that prohibit incitement. These include combating "incitement to religious unrest", "promoting division between religious believers and non-believers", "defamation of religion", "inciting to violation", "instigating hatred and disrespect against the ruling regime", "inciting subversion of state power" and "offences that damage public tranquillity". Such vague and broad terms clearly do not meet the criterion of legal clarity.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 65
- Paragraph text
- The final declaration of the Durban Review Conference made an important contribution to our understanding of the role of freedom of expression in combating discrimination and racism, highlighting, in paragraph 58 of the outcome document, "that the right to freedom of opinion and expression constitutes one of the essential foundations of a democratic, pluralistic society and stresses further the role these rights can play in the fight against racism, racial discrimination, xenophobia and related intolerance worldwide". In this regard the Special Rapporteur encourages all Governments to develop a culture of peace based on information, the free exchange of ideas and knowledge, dialogue and tolerance between cultures in order to promote respectful intercultural relations and to break down existing stereotypes and prejudices.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 29
- Paragraph text
- Furthermore, freedom of opinion and expression, although an individual right in the broadest sense of its enjoyment, is also a collective right. It endows social groups with the ability to seek and receive different types of information from a variety of sources and to voice their collective views. This freedom extends to mass demonstrations of various kinds, including the public expression of spiritual or religious beliefs or of cultural values. It is also a right of different peoples, who, by virtue of the effective exercise of this right, may develop, raise awareness of, and propagate their culture, language, traditions and values.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
23 Listé sur un total de 23 Entités