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Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79h (ii)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Certain very specific limitations are legitimate if they are necessary in order for the State to fulfil an obligation to prohibit certain expressions on the grounds that they cause serious injury to the human rights of others. These include the following: Article 3, paragraph 1 (c), of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, which provides that States must ensure that their criminal law covers "producing, distributing, disseminating, importing, exporting, offering, selling or possessing [...] child pornography";
- 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
- Personnes concernées
- Children
- 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. 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.
- 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
- Personnes concernées
- Children
- Année
- 2010
- 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. 46
- Paragraph text
- In addition, the Special Rapporteur believes that Internet literacy should be included in school curricula, as well as in learning modules outside of schools. One example is the ThutoNet programme in Botswana, which will not only provide all schools in Botswana with computers and access to the Internet, but will train teachers on how to use ICT as a classroom tool, including formal ICT education as part of the school curriculum. This programme aims to assist the country's children for success in the digital age, and will also involve the development of locally produced educational software to assist with e-learning and to ensure local content and subject relevance.
- 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
- Personnes concernées
- Children
- 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. 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.
- 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
- Personnes concernées
- Children
- 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. 18
- Paragraph text
- The Special Rapporteur underscores that there are differences between illegal content, which States are required to prohibit under international law, such as child pornography, and those that are considered harmful, offensive, objectionable or undesirable, but which States are neither required to prohibit nor criminalize. In this regard, the Special Rapporteur believes that it is important to make a clear distinction between three types of expression: (a) expression that constitutes an offence under international law and can be prosecuted criminally; (b) expression that is not criminally punishable but may justify a restriction and a civil suit; and (c) expression that does not give rise to criminal or civil sanctions, but still raises concerns in terms of tolerance, civility and respect for others. These different categories of content pose different issues of principle and call for different legal and technological responses.
- 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
- Personnes concernées
- Children
- 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. 20
- Paragraph text
- Addressing child pornography online has become a major focus for regulation owing to the fact that the Internet has become the main gateway for the distribution of such content. The dissemination of child pornography is explicitly prohibited under international law, notably in the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (defined in article 2 (c)). The Optional Protocol requires States parties to ensure that, as a minimum, producing, distributing, disseminating, importing, exporting, offering, selling or possessing child pornography (for purposes set out in article 3) are fully covered under its criminal or penal law, whether such offences are committed domestically or transnationally or on an individual or organized basis (article 3, para. 1 (c)).
- 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
- Personnes concernées
- Children
- 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. 21
- Paragraph text
- Child pornography is therefore a clear exception to the rule, and dissemination of content via the Internet is legitimately restricted, and States are even required to prohibit it as a criminal offence. As noted by the Special Rapporteur on the sale of children, child prostitution and child pornography in her report to the Council at its twelfth session, the relevant legislation should be clear and comprehensive and should treat child pornography on the Internet as a grave violation of the rights of the child and as a criminal act. The Special Rapporteur considers that child pornography constitutes an act of violence against children and an offence to their human dignity, which provokes more violence against children. Moreover, the victim's privacy must be protected and appropriate protection measures and care adapted to the needs and characteristics of children must be available.
- 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
- Violence
- Personnes concernées
- Children
- 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. 22
- Paragraph text
- The Special Rapporteur underscores that, as with any limitation, legislation prohibiting the dissemination of child pornography through the Internet, for example through the use of blocking and filtering technologies, must be sufficiently precise, and that there must be adequate and effective safeguards against abuse or misuse, including oversight and review by an independent and impartial tribunal or regulatory body. In addition, the Special Rapporteur reiterates that given the links between the sale of children, trafficking in children, forced labour, child prostitution, sex tourism and child pornography, States must also go beyond blocking measures to address the root causes of exploitation of children in a holistic manner and must investigate and prosecute those responsible.
- 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
- Violence
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 25
- Paragraph text
- As such, legitimate types of information which may be restricted include child pornography (to protect the rights of children), hate speech (to protect the rights of affected communities), defamation (to protect the rights and reputation of others against unwarranted attacks), direct and public incitement to commit genocide (to protect the rights of others), and advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (to protect the rights of others, such as the right to 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
- Violence
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 32
- Paragraph text
- The Special Rapporteur notes that child pornography is one clear exception where blocking measures can be justified, provided that the national law is sufficiently precise and there are effective safeguards against abuse or misuse, including oversight and review by an independent and impartial tribunal or regulatory body. However, he is also concerned that States frequently rely heavily on blocking measures, rather than focusing their efforts on prosecuting those responsible for the production and dissemination of child pornography. Additionally, as child pornography is often a by-product of trafficking and prostitution of children, the Special Rapporteur urges States to take holistic measures to combat the root problems that give rise to child pornography.
- 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
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
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.
- 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
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
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.
- 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
- Personnes concernées
- Children
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Hate speech and incitement to hatred 2012, para. 58
- Paragraph text
- A first essential element of any strategy to combat hate speech is prevention. To this end, it is crucial to provide education and raise awareness about human rights, tolerance and knowledge of other cultures and religions. When a State ratifies an international human rights instrument, it has the duty to raise levels of awareness of the rights contained therein among the population at large (CCPR/C/21/Rev.1/ Add.13, para. 7). The school education system is a prime avenue to do so. For example, in Sweden, the Living History Forum (www.levandehistoria.se) is a public authority that produces exhibitions and teaching materials around topics of tolerance, democracy and human rights, with the Holocaust and other crimes against humanity as the starting point. Beyond such specific projects, it is crucial, however, to promote values, beliefs and attitudes that encourage children to embrace differences. Values instilled during childhood are likely to have the strongest impact on responses as adults.
- 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
- Personnes concernées
- Children
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Protection of journalists and media freedom 2012, para. 80
- Paragraph text
- As stressed previously, including in the report to the General Assembly (A/66/290), there are four types of expression or information which States are required to prohibit under international law: child pornography; incitement to genocide; advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence and incitement to terrorism. Other types of information or expression, which States are not required to prohibit, but may be restricted in exceptional and limited circumstances primarily to protect the rights of others, are established under article 19, paragraph 3, of the International Covenant on Civil and Political Rights. However, while protecting individuals from false and malicious accusations, protecting national security or countering terrorism are legitimate interests, the Special Rapporteur remains concerned that such pretexts are used by authorities to unduly control and censor the media and to evade transparency or to silence criticism of public policies.
- 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
- Personnes concernées
- Children
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 10
- Paragraph text
- Traditionally, the right to freedom of expression has not been associated with children, even though, as individuals, children benefit from all of the civil rights enunciated in the Covenant. Earlier international instruments dealing with children, such as the Geneva Declaration on the Rights of the Child of 1924 and the Declaration of the Rights of the Child (General Assembly resolution 1386 (XIV)), did not include any reference to this right, on the assumption that children were not able, because of their immaturity, to make meaningful choices. The Convention on the Rights of the Child marks a watershed in the protection of the rights and the inherent dignity of children. Unlike previous international legal instruments, the Convention promotes a dramatic shift in emphasis, from an approach based on the obligations of adults towards children (see the Declaration of the Rights of the Child) to one focusing on the child as a rights-holder.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 11
- Paragraph text
- The Convention on the Rights of the Child is the first international legal instrument proclaiming the right of children to freedom of expression. The wording of article 13 closely follows that of article 19, paragraphs 2 and 3, of the International Covenant on Civil and Political Rights. According to some, there is little value in article 13 itself, since it was simply "lifted" from article 19 of the Covenant with little attempt to apply it to children. However, read in conjunction with the provisions set out in articles 12 and 17 of the Convention, which protect the right to be heard and the right to have access to information, article 13 provides a level of protection to the child's right to freedom of expression that is comparable, if not superior, to that afforded by article 19 of the Covenant.
- 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
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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.
- 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
- Adolescents
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 13
- Paragraph text
- Nevertheless, children are not adults, and the fact that they have evolving capacities cannot be avoided. This principle, enshrined in article 5 of the Convention on the Rights of the Child, simply reflects the need to take children's "childness" into account, as well as the fact that children evolve and exercise their rights differently from adults. The role accorded to parents and others responsible for the child under article 5 of the Convention suggests that, in practice, children's enjoyment of their right to freedom of expression may not be as expansive as that of adult holders of similarly expressed rights under non-child-specific international human rights instruments. The exercise of the right to freedom of expression expands as children mature, whereas the appropriate direction and guidance provided by parents under article 5 diminishes correspondingly.
- 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
- Personnes concernées
- Children
- Families
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 14
- Paragraph text
- Although the wording of article 13 of the Convention generally follows that of article 19 of the Covenant, certain provisions are omitted. First, article 13 does not include the right to hold opinions without interference, provided in article 19, paragraph 1, of the Covenant. It may be reasoned, however, that this right is implied in article 13, paragraph 1, or covered either by article 12 or article 14 of the Convention. Secondly, article 13 does not include the first sentence of article 19, paragraph 3, of the Covenant: "The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities." The inclusion of this sentence, which was introduced in the Covenant because of the powerful influence of modern media of expression, was apparently not found necessary with regard to the child's freedom of expression.
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 16
- Paragraph text
- The family, in particular, is regarded as one of the most important pillars in realizing the rights of the child to freedom of expression. It is widely acknowledged that parents assume the primary responsibility for the upbringing and development of their child, and hold the child's best interests as a fundamental concern. The Committee encourages the implementation of a participatory family structure in which a child learns to freely express his or her views, and thus becomes equipped with the skills necessary to participate in society. The duty of family members includes the obligation to hear the child's views and take them seriously and to support children in the realization of their rights under the Convention (see CRC/C/43/3, paras. 999-1,002).
- 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
- Children
- Families
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 18
- Paragraph text
- Seeking and accessing information is essential for the child's development and represents an essential precondition for participating in social life. Therefore, the Committee on the Rights of the Child has construed this right as imposing a positive obligation on States to provide access to information held by public authorities. The Human Rights Committee has observed that, to give effect to this right, States should make every effort to ensure easy, prompt, effective and practical access to information of public interest, and enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation (see CCPR/C/GC/34, para. 19).
- 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
- Children
- Année
- 2014
- 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 of the child to freedom of expression 2014, para. 24
- Paragraph text
- Article 12 of the Convention on the Rights of the Child represents a unique provision in international human rights law. This is a right that only children have, not adults, since children do not have a general right expressly set out in the International Covenant on Civil and Political Rights to express their views in all situations concerning them. That children are not always listened to justifies the inclusion in the Convention of a general right to be heard. The aim of article 12 is to address the legal and social status of children, who, on the one hand, lack the full autonomy of adults but, on the other, are subjects of rights (see CRC/C/GC/12, para. 1).
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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).
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 28
- Paragraph text
- 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).
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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).
- 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
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 30
- Paragraph text
- Article 17 of the Convention on the Rights of the Child deals with the right of the child to have access to information, and addresses the role of the State in encouraging the mass media to provide such information. The provision aims to ensure that the child has access to information and material from a diversity of national and international sources, in particular those aimed at the promotion of his or her well-being and health. It also recognizes the important function performed by the mass media and lists a number of measures that States parties need to adopt to implement the child's rights under article 17. These include a positive right to seek and access information, notably through books, magazines, newspapers, television, radio programmes and libraries.
- 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
- Health
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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.
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom of expression 2014, para. 32
- Paragraph text
- 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.
- 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
- Personnes concernées
- Children
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
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).
- 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
- Violence
- Personnes concernées
- Children
- Youth
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe