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On the Declaration on human rights defenders 2011, para. 45
- Paragraph text
- Concerning the other two aspects, article 19 (3) of the International Covenant on Civil and Political Rights establishes that "the right to freedom of expression carries with it special duties and responsibilities and for this reason certain restrictions on the right are permitted, which may relate either to the interests of other persons or to those of the community as a whole. However, when a State party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself." According to article 19 (3), restrictions must be "provided by law" and must be justified as being "necessary" for one of the following purposes: (a) respect of the rights or reputations of others; and (b) the protection of national security or of public order (ordre public), or of public health or morals.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 32c
- Paragraph text
- [Concerning permissible restrictions, the right to freedom of association is not absolute and it can be subjected to limitations in accordance with applicable international obligations. The International Covenant on Civil and Political Rights (art. 22) specifically details the requirements for such limitations to be admissible. For any restriction on the right to freedom of association to be valid, it must meet the following conditions:] Such limitations may only be imposed in the interest of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
On the Declaration on human rights defenders 2011, para. 25
- Paragraph text
- Concerning permissible restrictions, freedom of assembly can be subjected to limitations in accordance with applicable international obligations. Article 21 of the International Covenant on Civil and Political Rights defines the necessary requirements for the limitations to be considered permissible. Firstly, restrictions must be in conformity with the law - that is, restrictions can be imposed not only by law but also through a more general statutory authorization, such as an executive order or a decree. Secondly, restrictions must be necessary in a democratic society, which means that limitations must be proportional - States must first exhaust any alternatives that limit the right to a lesser degree - and must comply with minimum democratic principles. Finally, the only grounds upon which an interference with the right to peaceful assembly is permitted are: national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
3 shown of 3 entities