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DEFENDING THE RIGHT TO FREEDOM OF EXPRESSION.

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 Freedom of opinion and freedom ofexpression are indispensable conditions for the full development of the person. They constitute the foundation stone for every free and democratic society. DEFENDING THE RIGHT TO FREEDOM OF EXPRESSION: THE ROLE OF THE UNITED NATIONS SPECIAL RAPPORTEUR  The Special Rapporteur is an independent expert mandated to promote and protect the right to freedom of opinion and expression. The Special Rapporteur: • transmits urgent appeals and letters of allegation to States and others on alleged violations of freedom of opinion and expression. • undertakes fact-finding country visits to assess freedom of expression issues in countries. • submits annual reports to the Human Rights Council and the General Assembly, providing analysis and recommendations on thematic challenges and concerns associated with the exercise of freedom of expression globally.   GUIDELINES FOR THE SUBMISSION OF INFORMATION TO THE SPECIAL RAPPORTEUR : Non-governmental organ...

FREEDOM OF OPINION AND EXPRESSION.

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 Everyone has the right to hold their own opinions without interference and to seek, receive and impart information of all kinds through any media and regardless of frontiers. The right to freedom of opinion and expression is established under article 19 of the International Covenant on Civil and Political Rights (ICCPR) , under the same broad terms as article 19 of the Universal Declaration ofHuman Rights .

Creating an enabling environment.

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  States have a duty to promote and protect the free exercise of the right to freedom of opinion and expression. The right to freedom of opinion is absolute and cannot be restricted.  However, States may restrict the right to freedom of expression under very limited circumstances. According to article 19(3) of the International Covenant on Civil and Political Rights , any restriction must be: • provided by law; • undertaken to respect the right or reputations of others; protect national security or public order, or protect public health or morals; and • necessary and proportionate to achieve a legitimate objective. “States should refrain from imposing restrictions on: discussions on government policies and political debate; reporting on human rights, government activities and corruption; engaging in election campaigns, peaceful demonstrations or political activities; and expression of opinion and dissent, religion or belief, including by persons belonging to minorities or...

Core International Standards.

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 The right to freedom of opinion and expression is closely linked to other human rights, such as the rights to privacy, freedom of association and assembly, and freedom of religion, among others. In addition to article 19 of the ICCPR and the UDHR , the right to freedom of expression is protected under: • Convention on the Rights of the Child (CRC) , articles 12 and 13 • Convention on Migrant Workers (CMW) , article 13 • Convention on Economic, Social and Cultural Rights (CESCR) , article 15(3) • Convention on the Elimination of all forms of Racial Discrimination (CERD) , article 5 Key regional standards include: • African Charter on Human and Peoples’ Rights : article 9 • American Convention on Human Rights : article 13 • European Convention on Human Rights : article 10 • Charter of Fundamental Rights of the European Union : article 11.

Access to information.

 The right to access information is both the general right of the public to have access to information from a variety of sources and the right of the media to access information . International organizations are also bound by the right to access information.

Independence of the media.

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 A free and uncensored press is essential to ensure freedom of opinion and expression. States should never penalize media outlets, publishers or journalists for reporting or disseminating critical views and dissenting opinions. States should also put in place laws that protect the diversity and plurality of the media, such as laws that prevent undue dominance by privately controlled media groups.