Meaning a Global Perspective

Meaning of a Global Perspective

A global perspective on freedom of expression borrows from different disciplines and theories, including international law, global norms formation, comparative jurisprudence and international legal pluralism. As such, it covers the international institutions, treaties, soft law and jurisprudence underpinning international free speech standards. It includes analyses of national constitutions, laws and jurisprudences to identify convergence and conflicts across jurisdictions. It focuses on the extent to which global norms of freedom of expression have emerged and cascaded around the world and the actors and forces responsible for it. Finally, a global perspective on freedom of expression is predicated on the notion that multiple legal orders support judicial dialogues but the existence of a “global village of precedents.”

10 items found, showing 21 - 10

International Law

Author: Viasna
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The latest report by the Human Rights Center “Viasna,” published over the summer, provides an updated review of the crackdown on rights and freedoms in Belarus, covering the period from March 2023 to March 2024. The report shows that, under the pretext of tackling extremism and terrorism, the Belarusian authorities have been amending legislation and using it to ramp up repression. The report outlines applicable international standards, surveys national legislation, explains the practice of designating individuals and legal entities as “extremist” and “terrorist,” and unpacks criminal prosecution practices employed to restrict free speech – on charges from the dissemination of fakes to “insulting government officials” to hooliganism, among many others.

Viasna. Restrictions on Freedom of Expression under the Pretext of Fighting Extremism and Terrorism. Human Rights Center “Viasna,” 2024. https://spring96.org/files/book/en/restrictions_freedom_expression_2024.pdf

Author: Dafna Dror-Shpoliansky, OECD Secretariat (Audrey Plonk, Lisa Robinson, Gallia Daor and Nora Beauvais)
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"This paper considers the impact of digital transformation on internationally recognised human rights, legal and constitutional rights, and domestically protected interests. It considers specific case studies, and provides a brief overview of international and domestic initiatives to protect ‘rights in the digital age’. Developed in the context of the 2022 Ministerial meeting of the Committee on Digital Economy Policy, this paper sets the scene for further discussion and supports policy makers in designing and achieving a rights-oriented and human-centric digital transformation."

Dafna Dror-Shpoliansky. 'Rights in the Digital Age: Challenges and Ways forward'. 2022. https://www.oecd.org/publications/rights-in-the-digital-age-deb707a8-en.htm

Author: Gender Apartheid Inquiry
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The Gender Apartheid Inquiry, conducted by a Panel of UK Parliamentarians and the International Bar Association’s Human Rights Institute, seeks to investigate the situation for women and girls in Afghanistan and Iran and join the conversation on codifying gender apartheid. The Inquiry’s recently published report argues that while the Rome Statute includes the crime of gender persecution, “the experience of women and girls in Afghanistan and Iran, although different in some respects, requires a more accurate representation in law” due to the institutionalization and scale of oppression. The report reviews the states of education, employment, movement, expression, assembly, association, and access to justice for women and girls in the two countries. The Inquiry then examines the gender apartheid concept and considers legal avenues for codifying it.

Gender Apartheid Inquiry. Shattering Women’s Rights, Shattering Lives: Parliamentary Ad-Hoc Inquiry Into The Situation Of Women And Girls In Afghanistan And Iran. Gender Apartheid Inquiry, March 2024. https://www.ibanet.org/document?id=Gender-Apartheid-Inquiry-Report-March-2024

Author: Irene Khan
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"In the present report, the Special Rapporteur explores the linkages between the right to freedom of expression, including the right to information, and sustainable development. She introduces a paradigm shift in looking at sustainable development through the lens of freedom of expression. While recognizing important progress made in normative standards for access to information, the Special Rapporteur highlights that more is needed to ensure that the voices of those most disadvantaged in society are heard. She argues that only when both access to information and the effective participation of youth, Indigenous communities, the media, human rights defenders, civil society actors and others are fulfilled will the promise to leave no one behind be realized. As world leaders prepare to gather at the United Nations Headquarters in September 2023 to review progress on meeting the Sustainable Development Goals, the Special Rapporteur calls for renewed political commitment to uphold freedom of expression, an enabler of sustainable development."

UN, Human Rights Council, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Irene Khan. Report on Sustainable development and freedom of expression: why voice matters. A/HRC/53/25. 19 April 2023. 

Author: Article 19
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Freedom of expression and access to information is an essential human rights right that enables public engagement and participation in decision-making. It is integrated into the UN 2030 Agenda for Sustainable Development and is incorporated into Goal 16, which aims to promote peaceful societies, justice, and effective institutions. However, the world still has a long way to go to meet the SDGs by 2030, particularly Goal 16, which concerns freedom of expression. This briefing assesses the progress of achieving Goal 16 and its contribution to achieving all SDGs, identifies gaps in international processes, and provides recommendations for the effective implementation of the 2030 Agenda. The briefing aims to contribute to discussions at the SDGs Summit in September 2023 and help States and the international community determine what must be done to make the most of this stocktaking moment.

Article 19. 'Sustainable Development Goals: On or off track? Assessing the progress through freedom of expression and information'. 2023. https://www.article19.org/wp-content/uploads/2023/07/SDGs-Briefing-July-2023.pdf

Author: Article 3, Humanity United
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"The Next 25" is a collection of essays published by Article3.org to commemorate the 75th Anniversary of the Universal Declaration of Human Rights and to look forward to the next 25 years leading up to its 100th Anniversary. "This digital collection, created in collaboration with HRD@75 Partners, aims to enhance awareness and underscore the importance of the ongoing pursuit of freedom, justice, dignity, and equity for all. The essays offer uniquely positioned perspectives on how to effectively "future-proof" human rights for present and future generations, providing a blueprint for human rights stakeholders to use, reference, and build upon."

Article 3 and Humanity United. 'The Next 25: A Collection of Essays on the Future of Human Rights'. 2023. https://www.dropbox.com/scl/fi/b902dmizmlvtky9keaemc/Digital-The-Next-25-FINAL-Revised-Article-3-HU-12.07.23.pdf?rlkey=ceztyllhhoihv1bhes7zm669l&dl=0

Author: United Nations
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The United Nations Plan of Action on the Safety of Journalists and the Issue of Impunity is a significant framework aimed at creating a safe environment for journalists and media workers. This comprehensive approach addresses the growing concerns about the risks that journalists face in their line of work. Here are the key elements of the Plan:

1. Awareness-Raising: Increasing public awareness about the critical importance of protecting journalists in ensuring a free and informed society.

2. Prevention: Implementing strategies to prevent attacks and threats against journalists, including safety training and creating a safer working environment.

3. Protection and Prosecution: Developing mechanisms to protect journalists who are at risk and ensuring the prosecution of those responsible for violent acts against them. This includes combating impunity for those who attack or murder journalists.

4. Partnerships: Encouraging collaboration among various stakeholders, including governments, media houses, non-governmental organizations, and UN agencies, to improve the safety of journalists.

5. Monitoring and Reporting: Setting up systems to monitor and report on attacks against journalists, which is crucial for understanding the scope of the problem and devising effective responses.

6. Supporting Victims: Providing support and assistance to journalists who have been attacked, and to the families of those who have been killed.

7. Policy and Legal Frameworks: Promoting the development of national laws and policies that safeguard journalists, in alignment with international human rights standards.

The Plan emphasizes the importance of a free, independent, and pluralistic media in a democratic society and seeks to ensure that journalists can perform their work without undue interference or fear of violence. Its successful implementation requires a commitment from all stakeholders, including states, media organizations, and civil society, to work collectively towards creating a safer environment for journalists around the world.

United Nations. 'UN Plan of Action on the Safety of Journalists and the Issue of Impunity'. 2012. 

Author: Joan Barata
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In this policy brief published by UNESCO, Joan Barata, Senior Legal Fellow for The Future of Free Speech, focuses on the right to information and one specific aspect within the realm of exceptions to this right – the so-called “public interest override.” The policy brief cites the relevant international law provisions and national and international case law as courts have used the public interest override to balance the public’s right to know with other competing matters and interests, like national security, privacy, commercial confidentiality, or law enforcement. Among the principles and recommendations listed, the first one reminds states and other relevant actors that any restrictions imposed on the right to information “must respect the three-part test established under international and regional human rights standards (legality, legitimacy, and proportionality).”

Joan Barata. Access to Information, Exemptions and The Public Interest Override. UNESCO 2024. https://unesdoc.unesco.org/ark:/48223/pf0000390390 

Author: International Senior Lawyers Project
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"This toolkit was created by International Senior Lawyers Project (ISLP) to share strategies for defending media freedoms in the digital age with lawyers and human rights defenders. ISLP’s Media Law Working Group has, for the past 20 years, protected freedom of expression by supporting journalists and watchdog non-governmental organizations that investigate, report on, and litigate matters involving the right to freedom of expression. ISLP’s Media Law Working Group also provides legal advice on telecommunications, freedom of information, and privacy laws. ISLP believes that freedom of expression is necessary for a transparent, accountable, and democratic government and is the foundation of a free society. This toolkit was developed from the publishers’ experience working with lawyers, journalists, and human rights defenders in Southern and Eastern Africa. ISLP has worked with local Media Institute of Southern Africa (MISA) chapters to train lawyers and human rights defenders from Malawi, Mozambique, Zambia, and Zimbabwe on protecting freedom of expression using international law arguments. The practical information provided in this toolkit is designed to enable local advocates to use international law in regional bodies to defend freedom of expression and argue for stronger human rights protections in SADC. This resource focuses on international law arguments to defeat criminal defamation and cyber libel charges brought against journalists and bloggers."

International Senior Lawyers Project. 'Using International Law to Defend Free Speech in the Digital Age: A Guide for Human Rights Advocates'. 2023. https://islp.org/wp-content/uploads/2023/06/Media-Law-Toolkit-English-FINAL-8-June-2023.pdf

Author: International Senior Lawyers Project
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"Este kit de ferramentas foi criado pelo International Senior Lawyers Project (ISLP) para partilhar estratégias de defesa da liberdade dos meios de comunicação social na era digital com advogados e defensores dos direitos humanos. O Grupo de Trabalho de Direito dos Media do ISLP tem, nos últimos 20 anos, protegido a liberdade de expressão apoiando jornalistas e organizações não governamentais de vigilância que investigam, relatam e litigam assuntos que envolvem o direito à liberdade de expressão. O Grupo de Trabalho de Direito dos Media do ISLP também fornece aconselhamento jurídico relacionado com telecomunicações, liberdade de informação e leis de privacidade. O ISLP acredita que a liberdade de expressão é necessária para um governo transparente, responsável e democrático e é a base de uma sociedade livre. Este kit de ferramentas foi desenvolvido a partir da experiência dos editores em trabalhar com advogados, jornalistas e defensores dos direitos humanos na África Austral e Oriental. O ISLP tem trabalhado com as secções locais do Media Institute of Southern Africa (MISA) na formação de advogados e defensores dos direitos humanos do Malawi, Moçambique, Zâmbia e Zimbabué sobre a protecção da liberdade de expressão utilizando argumentos do direito internacional. A informação prática fornecida neste kit de ferramentas foi concebida para permitir que os defensores locais utilizem o direito internacional em órgãos regionais para defender a liberdade de expressão e argumentar a favor de uma maior protecção dos direitos humanos na SADC. Este recurso centra-se em argumentos de direito internacional para defender contra acusações criminais de difamação e ciberdifamação apresentadas contra jornalistas e bloguistas."

International Senior Lawyers Project. 'Utilizar O Direito Internacional Para Defender A Liberdade De Expressão Na Era Da Informação: Um Conjunto de Ferramentas para Activistas'. 2023.