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The right of the child to freedom of expression 2014, para. 83
- Paragraph text
- Children may not have the same maturity as adults, but childhood is an evolving process during which maturity is gained gradually. The ability to develop opinions, as well as to express them clearly, stems from a learning process that begins at the earliest stages of our lives and that needs appropriate respect and encouragement to develop completely. If neglecting the duty to protect children from harm brings serious risks, so too does denying them space to develop their minds, critical thinking and opinions. Depriving children of information on certain matters and prohibiting their participation in public debate can only intensify their isolation and political alienation. Ensuring that children are able to exercise their right to be heard is not only an obligation: it is crucial to enhancing the effectiveness of protective measures.
- 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
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 91
- Paragraph text
- States should promote programming with educational and recreational content for children of different ages and with content produced by children.
- 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
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 81
- Paragraph text
- Despite the almost universal ratification of the Convention on the Rights of the Child, too little has been done to give effect to the right of children to freedom of expression and many obstacles to the realization of this right for children remain. Unchallenged authoritarian attitudes frequently shape the relationship between adults and children in schools and within families. More worryingly, as communications technologies evolve, some States have adopted disproportionate restrictions on freedom of expression, presenting them as measures to protect children from harm while, in effect, they limit the rights of children and adults.
- 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
- Families
- Année
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 93
- Paragraph text
- States should address the risks posed by the Internet to the safety of children through holistic strategies that include the enhancement of users' capacities to protect themselves from online harm. Strategies should include training parents and professionals who work with children. Children should be actively engaged in the design and implementation of initiatives aimed at fostering online safety. Further research on the impact of the Internet on children's lives is also required.
- 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
- Families
- Année
- 2014
- Type de paragraphe
- Conclusion / Recommendation
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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 87
- Paragraph text
- States should carefully revise laws and regulations concerning the protection of children in broadcasting activities, the Internet and any other media. Classification systems are acceptable for the protection of children in broadcasting activities, for example, but the prior suppression of any particular expression before it is made public is unacceptable. The independence of authorities mandated to enforce regulations on communications should be protected from political and economic interference.
- 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
- Type de paragraphe
- Conclusion / Recommendation
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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 92
- Paragraph text
- States should take proactive measures to promote children's access to the Internet in all settings. The Internet's central role in the promotion of all the rights of children, in particular the right to freedom of expression, to participation in public life and to education, should be taken into consideration within education systems. Efforts should be made to reframe the Internet as a positive resource - with benefits for both the individual child and society as a whole - as opposed to a negative or otherwise dangerous medium. For example, the Internet is an excellent tool for accessing books for children from all social origins.
- 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
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 79
- Paragraph text
- Children's right to freedom of expression is well established by international human rights treaties, including the Convention on the Rights of the Child, which represents a milestone for the protection of all children's rights. In practice, recognizing children as full subjects of rights - the vision set out in the Convention - requires a shift in laws, policies and attitudes. Respecting, protecting and promoting the right of children to freedom of expression is at the heart of this shift.
- 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
- Année
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 86
- Paragraph text
- States should revise national laws, regulations and policies that limit the right of children to express themselves, as well as to access information, to align them with international human rights standards. Any law limiting the freedom of expression of adults or children must also comply with the three established criteria for restricting this right, namely, prescription by an unambiguous law, pursuit of a legitimate purpose and respect for the principles of necessity and proportionality.
- 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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 128
- Paragraph text
- States are urged to prohibit and criminalize the production, distribution, dissemination, importation, exportation, offering, sale and possession of child pornography, which constitute acts of physical and psychological violence, as well as incitement to commit acts of violence against children, which constitutes, in addition, a failure to respect their human dignity.
- 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
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 82
- Paragraph text
- It is clear that States have a fundamental obligation to protect children and that it is the duty of adults to provide children with guidance. Child protection and freedom of expression must not, however, be addressed as opposing goals. On the contrary, it is by supporting children to develop good communication skills and to learn the positive uses of new technologies that we can enhance their capacity to protect themselves from harm.
- 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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 89
- Paragraph text
- States should actively promote the right of children to freedom of expression, including access to information, in all settings. Traditional authoritarian attitudes towards children in all spheres, including the home, school and society in general, can be challenged. In particular, the State should pay attention to the creation of channels for child-led activism.
- 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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 113
- Paragraph text
- Freedom of opinion and expression is an early form of participation for children and constitutes a mechanism for inclusion that necessarily entails recognition and respect of human dignity. Children's opinions should therefore be respected and taken into account.
- 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
- 2010
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 84
- Paragraph text
- States must never forget to keep the goal of the best interest of the child at the forefront of all their public policies. This includes establishing regulatory norms to protect children from harm and, at the same time, ensuring that all norms comply with the international standards related to the right to freedom of expression.
- 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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 88
- Paragraph text
- States should pay particular attention to the removal of authoritarian norms and practices within education systems given the centrality of schools in the promotion of children's agency.
- 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
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 94
- Paragraph text
- Regular attention to violations of the right of children to freedom of expression should be paid by all international human rights protection mechanisms. In particular, the Committee on the Rights of the Child could pursue articles 13 and 17 systematically in its recommendations to States.
- 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
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 90
- Paragraph text
- States should encourage the use of diverse forms of communication by children in schools, including oral, written and all forms of art. Schools curricula should impart knowledge on social communications, media and journalism.
- 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
- 2014
- Type de paragraphe
- Conclusion / Recommendation
Paragraphe
The right of the child to freedom of expression 2014, para. 17
- Paragraph text
- The right to seek information set out in article 13, paragraph 1, of the Convention on the Rights of the Child has often been associated with the right to access to information, in particular information held by public authorities. This right is also closely related to the provisions of article 17 of the Convention, which aims to ensure that children have access to information and material from a diversity of national and international sources.
- 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
- 2014
- Type de paragraphe
- Other
Paragraphe
The right of the child to freedom of expression 2014, para. 42
- Paragraph text
- Restrictions on the content of school curricula may also affect children's access to diverse sources of information. In this regard, the banning of books and teaching materials containing ideas that run counter to those supported by the school administration is another concern. In the 1982 case Board of Education v. Pico, for example, a court in the United States ruled that books could not be removed from school libraries for ideological reasons.
- 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
- 2014
- Type de paragraphe
- Other
Paragraphe
The right of the child to freedom of expression 2014, para. 21
- Paragraph text
- Lastly, children have the right to impart information to others. As is the case for the right to receive information, there are few references to this right in the jurisprudence of the Committee on the Rights of the Child. The Committee has stated, for example, that children have the right to contribute to children's magazines, television and other media, to engage in political activities both within and outside the school and to set up Internet chat rooms.
- 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
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2014
- Type de paragraphe
- Other
Paragraphe
The right of the child to freedom of expression 2014, para. 26
- Paragraph text
- The right of all children to be heard and taken seriously constitutes one of the fundamental values of the Convention. The Committee on the Rights of the Child has identified article 12 as one of the four general principles of the Convention, which highlights the fact that this article establishes not only a right in itself, but should also be considered in the interpretation and implementation of all other rights (see CRC/C/GC/12, para. 2).
- 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
- 2014
- Type de paragraphe
- Other
Paragraphe
The right of the child to freedom of expression 2014, para. 49
- Paragraph text
- The result of vague and broad definitions of harmful information, for example in determining how to set Internet filters, can prevent children from gaining access to information that can support them to make informed choices, including honest, objective and age-appropriate information about issues such as sex education and drug use. This may exacerbate rather than diminish children's vulnerability to risks (see more in section VII below, on the Internet).
- 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
- Health
- Personnes concernées
- Children
- Année
- 2014
- Type de paragraphe
- Other
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
- Type de paragraphe
- Other
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
- Type de paragraphe
- Other
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
- Type de paragraphe
- Other
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
- Type de paragraphe
- Other
Paragraphe
The right of the child to freedom of expression 2014, para. 75
- Paragraph text
- There is a need to create an environment in which information and communications technologies, including the Internet, are regulated and monitored from the perspective of empowering children to use these technologies in a way that promotes children's rights and development while also promoting safety (see CRC/C/GC/13). The European Commission provides a useful example of strategies to improve the online safety of children in its European Strategy for a Better Internet for Children. Empowerment is more than just making the Internet a safer space for children, however: it is also necessary to focus attention on how the Internet is a tool for accessing information and supporting children to think critically.
- 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
- Année
- 2014
- Type de paragraphe
- Other
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
- Type de paragraphe
- Other
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
- Type de paragraphe
- Other
Paragraphe