Freedom of expression in the context of "United Nations Human Rights Council"

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⭐ Core Definition: Freedom of expression

Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recognised as a human right in the Universal Declaration of Human Rights (UDHR) and international human rights law. Many countries have constitutional laws that protect freedom of speech. Terms such as free speech, freedom of speech, and freedom of expression are often used interchangeably in political discourse. However, in legal contexts, freedom of expression more broadly encompasses the right to seek, receive, and impart information or ideas, regardless of the medium used.

Article 19 of the UDHR states that "everyone shall have the right to hold opinions without interference" and "everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or print, in the form of art, or through any other media of his choice". The version of Article 19 in the ICCPR later amends this by stating that the exercise of these rights carries "special duties and responsibilities" and may "therefore be subject to certain restrictions" when necessary "[f]or respect of the rights or reputation of others" or "[f]or the protection of national security or public order (ordre public), or of public health or morals".

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Freedom of expression in the context of Civil liberties

Civil liberties are fundamental rights and freedoms that governments pledge not to restrict, either through constitutions, legislation, or judicial interpretation, without due process of law. Although the scope of civil liberties differs between countries, they often include the freedom of conscience, freedom of the press, freedom of religion, freedom of expression, freedom of assembly, personal security, personal liberty, freedom of speech, right to privacy, equality before the law, due process of law, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.

Libertarians advocate for the negative liberty aspect of civil liberties, emphasizing minimal government intervention in both personal and economic affairs. Influential advocates of this interpretation include John Stuart Mill, whose work On Liberty argues for the protection of individual freedoms from government encroachment, and Friedrich Hayek, whose The Road to Serfdom warns against the dangers of expanding state power. Ayn Rand's Atlas Shrugged and Ron Paul's The Revolution: A Manifesto further emphasize the importance of safeguarding personal autonomy and limiting government authority. These contributions have played a significant role in shaping the discourse on civil liberties and the appropriate scope of government.

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Freedom of expression in the context of Human rights

Human rights are universally recognized moral principles or norms that establish standards of human behavior and are often protected by both national and international laws. These rights are considered inherent and inalienable, meaning they belong to every individual simply by virtue of being human, regardless of characteristics like nationality, ethnicity, religion, or socio-economic status. They encompass a broad range of civil, political, economic, social, and cultural rights, such as the right to life, freedom of expression, protection against enslavement, and right to education.

While ideas related to human rights predate modernity, the modern concept of human rights gained significant prominence after World War II, particularly in response to the atrocities of the Holocaust, leading to the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly in 1948. This document outlined a comprehensive framework of rights that countries are encouraged to protect, setting a global standard for human dignity, freedom, and justice. The Universal Declaration of Human Rights (UDHR) has since inspired numerous international treaties and national laws aimed at promoting and protecting human rights worldwide.

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Freedom of expression in the context of Freedom of conscience

Freedom of conscience is the freedom of an individual to act upon their moral beliefs. In particular, it often refers to the freedom to not do something one is normally obliged, ordered or expected to do. An individual exercising this freedom may be called a conscientious objector.

The right to freedom of conscience is recognized by several international conventions, such as the Universal Declaration of Human Rights and the European Convention on Human Rights. It is distinct from but closely related to freedom of thought, freedom of expression and freedom of religion.

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Freedom of expression in the context of Jeremy Bentham

Jeremy Bentham (/ˈbɛnθəm/; 4 February 1747/8 O.S. [15 February 1748 N.S.] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.

Bentham defined as the "fundamental axiom" of his philosophy the principle that "it is the greatest happiness of the greatest number that is the measure of right and wrong". He became a leading theorist in Anglo-American philosophy of law, and a political radical whose ideas influenced the development of welfarism. He advocated individual and economic freedoms, the separation of church and state, freedom of expression, equal rights for women, the right to divorce, and (in an unpublished essay) the decriminalizing of homosexual acts. He called for the abolition of slavery, capital punishment, and physical punishment, including that of children. He has also become known as an early advocate of animal rights. Though strongly in favour of the extension of individual legal rights, he opposed the idea of natural law and natural rights (both of which are considered "divine" or "God-given" in origin), calling them "nonsense upon stilts". However, he viewed the Magna Carta as important, citing it to argue that the treatment of convicts in Australia was unlawful. Bentham was also a sharp critic of legal fictions.

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Freedom of expression in the context of Social equality

Social equality is a state of affairs in which all individuals within society have equal rights, liberties, and status; possibly including civil rights, freedom of expression, autonomy, and equal access to certain public goods and social services.

Social equality requires the absence of legally enforced social class or caste boundaries, along with an absence of discrimination motivated by an inalienable part of an individual's identity. Advocates of social equality believe in equality before the law for all individuals regardless of many aspects. These aspects include but are not limited to, sex, gender, ethnicity, age, sexual orientation, origin, caste or class, income or property, language, religion, convictions, opinions, health, disability,trade union membership, political views, parental status, mores, family or marital status, and any other grounds. These are some different types of social equality:

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Freedom of expression in the context of Democratic backsliding

Democratic backsliding is a form of autocratization, a process of regime change toward authoritarianism in which the exercise of political power becomes less limited and more arbitrary and repressive. Democratic backsliding specifically assumes a starting point of a democratic system. The process typically restricts the space for public contest and political participation in the process of government selection. Democratic decline involves the weakening of democratic institutions, such as the peaceful transition of power or free and fair elections, or the violation of individual rights that underpin democracies, especially freedom of expression. Democratic backsliding is the opposite of democratization.

Proposed causes of democratic backsliding include economic inequality, rampant culture wars, culturally conservative reactions to societal changes, populist or personalist politics, and external influence from great power politics. Economic inequality is strongly associated with democratic backsliding in the 21st century, even in wealthy democracies. During crises, backsliding can occur when leaders impose autocratic rules during states of emergency that are either disproportionate to the severity of the crisis or remain in place after the situation has improved.

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