International System of Protection

International System of Protection

The resources on this Module highlight the many commonalities between the United Nations system of protection for freedom of expression, and the regional systems in Europe, Africa and the Americas. Readings focus on their birth and development, their main treaties and freedom of expression provisions, and their corresponding instruments of enforcement and accountability, primarily Courts.

10 items found, showing 1 - 10

European System

Author: Columbia Global Freedom of Expression, Dirk Voorhoof
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, professor Dr. Dirk Voorhoof  from Ghent University, Belgium addresses how is freedom of speech, freedom of expression, guaranteed under the European human rights system

Author: Columbia Global Freedom of Expression, Agnès Callamard
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In this segment of the MOOC created by Columbia Global Freedom of Expression, Agnès Callamard focuses on a case from the European Court: Wegrzynowski and Smolczewski v. Poland

Author: Columbia Global Freedom of Expression
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Here you will find the Syllabus for the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression. This course will examine the norms, institutions and forces that altogether have founded a global system of protection for freedom of expression and information. The Foundational Course will include four main segments. It will first survey the thinking of 19th century and contemporary political theorists, Judges in the early years of the twentieth century, and economists to discover why freedom of expression and information matters, and the values and principles that are established through free speech. The second will review the emergence of an international system of protection for freedom of expression, including the international and regional institutions and standards, and the role of international courts. The third and fourth class will focus on the scope of freedom of expression and on its legitimate limits. We will provide answer two key questions: What kind of speech is protected under international standards? What kind of speech may be restricted by Governments and how can it be legally restricted?

Author: Dirk Voorhoof, Ad van Loon, Charlotte Vier, Tarlach McGonagle (Ed.)
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"This revised edition contains summaries of over 270 judgments or decisions by the Court and provides hyperlinks to the full text of each of the summarised judgments or decisions (via HUDOC, the Court’s online case-law database). It can be read in various ways: for initial orientation in the steadily growing Article 10 case-law; for refreshing one’s knowledge of that case-law; for quick reference and checking, as well as for substantive research."

Dirk Voorhoof, t al and Tarlach McGonagle  (Ed. Sup.), Freedom of Expression, the Media and Journalists: Case-law of the European Court of Human Rights, IRIS Themes, European Audiovisual Observatory, Strasbourg, 2017

Author: Tarlach McGonagle
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"The paper will begin by setting out the international law backdrop to the UN Plan of Action. It will explain how the interplay of international treaty-based standards and other institutional and political dynamics have ensured powerful traction for the UN Plan of Action. The paper will then proceed with a more detailed focus on how relevant bodies of the Council of Europe engage with the problems and issues addressed by the UN Plan of Action. Particular attention will be paid to the protection afforded to (the freedom of expression of) journalists and other media actors by the European Convention on Human Rights (hereafter: ECHR) and the case-law of the European Court of Human Rights. The translation of the ECHR’s principles of protection into other standard-setting work by the Council of Europe will constitute another important focus. The section devoted to the Council of Europe will explore three main themes: roles and forms of journalism and public debate in democratic society; revisiting rights, duties and responsibilities in the digital age, and new regulatory and policy challenges and directions."

Author: Dominika Bychawska-Siniarska
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This is a a handbook for legal practitioners on protecting the right to freedom of erxpression under the European Convention on Human Rights. The chapters  are: 1: General consideration on Article 10; 2: Duties under Article 10; 3 Unprotected speech-hate, speech, incitement to violence; 4: The system of restrictions within the exercise of the right to freedom of expression; 5: Limitations due to "public" reasons; 6: Freedom of expression and reputation; 7: Rights of others; 8: Freedom of expression and the media; 9: Freedom of expression and new technologies.

Dominika Bychawska-Siniarska Bychawska-Siniarska Protecting the Right to Freedom of Expression under the European Convention on Human Rights: a handbook for legal practitioners (Strasbourg, Council of Europe Publishing, 2017).

Author: Columbia Global Freedom of Expression, Agnès Callamard
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In this segment of the MOOC created by Columbia Global Freedom of Expression, Agnès Callamard focuses on the ECtHR Jurisprudence on Incitement

Author: Columbia Global Freedom of Expression, Agnès Callamard
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalization' created by Columbia Global Freedom of Expression, Agnès Callamard starts looking at how the systems of protection for human rights and freedom of expression in particular have been established at regional level, beginning with Europe.

Author: Dirk Voorhoof
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"Article 10 of the European Convention of Human Rights has become a crucial instrument to stimulate and compel the national authorities of the 47 member states not only to abstain from interferences restricting media freedom and investigative journalism, but also to promote transparency, media pluralism and internet freedom. This paper explores some of the characteristics and developments of the European Court’s case law regarding media, journalism, internet freedom, newsgathering, whistleblowing and access to information. The perspective of the analysis is that effectively guaranteeing the right to freedom of expression and information helps developing the quality of democracy, the protection of other human rights and ultimately contributes to realise a more sustainable, and hence a better, world to live in"

Dirk Voorhoof, The Right to Freedom of Expression and Information under the European Human Rights System: Towards a more Transparent Democratic Society (EUI RSCAS; Centre for Media Pluralism and Media Freedom, 2014/12) http://diana-n.iue.it:8080/handle/1814/29871 

Author: Sejal Parmar
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"This article examines the ‘Joint Declarations on freedom of expression’ from a critical perspective. Since 1999, these Joint Declarations have been adopted annually by the four intergovernmental mechanisms on freedom of expression with the assistance of two non-governmental organisations. This article identifies the factors which contribute to the Joint Declarations’ value, with a specific focus on the collaborative process leading up to their adoption, their progressive content and their demonstrated influence upon courts and other actors. It also acknowledges the limitations of the texts, including their non-binding nature as soft law, their limited impact and lack of visibility. Notwithstanding these issues, this article contends that the Joint Declarations constitute a distinct and potentially influential body of international soft law on freedom of expression, one whose relevance to policy debates deserves broader recognition."

Parmar, Sejal. “The Significance of the Joint Declarations on Freedom of Expression.” Netherlands Quarterly of Human Rights 37, no. 2 (June 2019): 178–95. https://journals.sagepub.com/doi/pdf/10.1177/0924051919844388