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.”

7 items found, showing 31 - 7

International Law

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.            

Author: Joost Pauwelyn, Ramses A. Wessel, Jan Wouters
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"Formal international law is stagnating in terms both of quantity and quality. It is increasingly superseded by ‘informal international lawmaking’ involving new actors, new processes, and new outputs, in fields ranging from finance and health to internet regulation and the environment. On many occasions, the traditional structures of formal lawmaking have become shackles. Drawing on a two-year research project involving over 40 scholars and 30 case studies, this article offers evidence in support of the stagnation hypothesis, evaluates the likely reasons for it in relation to a ‘turn to informality’, and weighs possible options in response. But informal structures can also become shackles and limit freedom. From practice, we deduce procedural meta-norms against which informal cooperation is increasingly checked (‘thick stakeholder consensus’). Intriguingly, this benchmark may be normatively superior (rather than inferior) to the validation requirements of traditional international law (‘thin state consent’)."

Joost Pauwelyn, Ramses A. Wessel and Jan Wouters, “When Structures Become Shackles: Dynamics in International Lawmaking,” European Journal of International Law, 25 No. 3, 2014. doi:10.1093/ejil/chu051 .http://www.ejil.org/pdfs/25/3/2520.pdf

Author: Human Rights Watch, Florida Rising, and Rule of Law Impact Lab at Stanford Law School
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This report, published by Human Rights Watch in collaboration with Florida Rising and Rule of Law Impact Lab at Stanford Law School, argues Florida’s school curriculum distortions constitute censorship and are inconsistent with “international human rights standards on education, access to information, and discrimination.” The report outlines the legal framework that contributes to harassment and discrimination based on race, sex, and gender in Florida classrooms: House Bill 7, or the Stop WOKE Act; House Bill 1557, or the “Don’t Say Gay or Trans” law; and House Bill 1069, an extension of the “Don’t Say Gay or Trans.” What adds to the laws are state education policies, one of which forwards a “patriotic” curriculum with incorrect facts about the history of slavery in the US. The report’s “International Human Rights Law Analysis” section lists Florida’s obligations under the International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social, and Cultural Rights, and International Covenant on Civil and Political Rights, namely: upholding the rights to education free of discrimination, culturally appropriate education, free expression, and health.

Human Rights Watch, Florida Rising, and Rule of Law Impact Lab at Stanford Law School. “Why Do They Hate Us So Much?” Discriminatory Censorship Laws Harm Education in Florida. Human Rights Watch, June 2024. https://www.hrw.org/sites/default/files/media_2024/06/us_florida0624%20web.pdf