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.

9 items found, showing 1 - 9

Inter-American System

Catalina Botero: Role of the IACHR's Special Rapporteur for Freedom of Expression

Author: Columbia Global Freedom of Expression, Catalina Botero
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In this segment of the MOOC 'Freedom of Expression in the Age of Globalizationcreated by Columbia Global Freedom of Expression, Catalina Botero explains what is the role of the Special Rapporteur on Freedom of Expression in the defense of the freedom of expression in the Americas

Author: Columbia Global Freedom of Expression, Catalina Botero
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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, Catalina Botero gives a brief explanation of the Inter-American Human Rights System and mention some of the most emblematic freedom of expression cases of the Inter-American Court of Human Rights.

Author: Alexandra Huneeus
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“The power of the Inter-American Court of Human Rights (IACtHR) to shape government behavior varies greatly from country to country. All states subject to the Court’s jurisdiction accept its authority to adjudicate disputes, and all take at least some meaningful steps toward judgment compliance. […] But in some states the Court’s judgments play a far greater role: they are untethered from the particular dispute that gives rise to them and take on a life as law-like rules that guide the subsequent behavior of public actors and the outcomes of disputes that never reach the Court. In some states the Court’s judgments even come to shape policymaking and public debates, constraining the range of options that are put on the table […] This article demonstrates that variation of the Inter-American Court’s authority across states can be explained in great part by the practice of constitutional law in each state. This is not to say that differences in constitutional texts explain the variation. Rather, the article suggests that for the Court’s authority to expand beyond mere judgment compliance, two factors other than the black-letter law must be in place. The first factor is the presence of lawyers—be they scholars, judges, public-interest lawyers, or other practitioners—who adhere to and promote a particular vision of constitutional law as containing within it international human rights law. […] The second factor explaining this variation is that those who advance these ideas must have political impact at the national level: they must be able to forge alliances with legislative and executive reformers who adopt the movement’s vision of law and advance it as part of their own project of political reform.”

Alexandra Huneeus, Constitutional Lawyers and the Inter-American Court’s Varied Authority, 79 Law and Contemporary Problems 179-207 (2016) 
Available at: https://scholarship.law.duke.edu/lcp/vol79/iss1/7

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: Association for Progressive Communications
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These materials are part of the Multimedia Training Kit (MMTK). Here you will find links to a) Module Handout; b) Module Trainers' notes; c) Module Questions and case studies; d) Module Power Point Slides. "The MMTK provides an integrated set of multimedia training materials and resources to support community media, community multimedia centres, telecentres, and other initiatives using information and communications technologies (ICTs) to empower communities and support development work. [...] This module explores the relationship between human rights, as understood in the Inter-American Human Rights System, and ICTs such as the internet. As well as this handout, it includes a set of presentation slides, exercises and case studies, and a list of additional readings. It raises the following general questions which should be considered by participants: 1. How has the internet changed people’s lives? What rights have been affected positively or negatively due to access to the internet? 2. Should online and offline human rights be understood differently? 3. What should the role of the state be regarding the exercise of human rights online? 4. What are the implications of the global nature of the internet for national human rights laws and international human rights instruments?" 

Association for Progressive Communications, Inter-American Human Rights System instruments and their application to the digital environment, May 2016.

Author: IACmHR, Catalina Botero Marino
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PowerPoint Presentation created by the Office of the Special Rapporteur for Freedom of Expression of the Inter-American Commission for Human Rights. This presentation is used by the Office in their training sessions. It addresses the Inter-American human rights system, explains the mandate of the Office of the Special Rapporteur, and refers to the jurisprudence and standards on: prohibition of prior censorship, prohibition of desacato laws, proportionality of subsequent liability, prohibition of indirect restrictions on speech, access to information and violence against media workers. .

OAS, IACmHR, Special Rapporteur for Freedom of Expression, Catalina Botero. PowerPoint Presentation  for a training session about Inter American Standards on freedom of expression. 2013

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 focuses on the system of protection of freedom of expression in the Americas, South, Central, and North America. Callamard reviews the circumstances of its establishment, the specificities of the protection system, and the institution that are insuring the implementation of the commitment to freedom of expression. Callamard explains that the Inter-American system has probably become the most effective system of protection for freedom of expression, both in theory and in practice.

Author: Sabrina Ragone
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"Thee inter- American system of human rights (IASHR) is one of the three regional human rights systems, together with the European and the African systems. This contribution aims to offer a general overview of its structure and functions in order to understand the tools that have been used by the system to contribute toward its transformative role in the region. The IASHR has both a legal and an institutional dimension, in addition to a systemic one, and the sections of this contribution respect this tripartite division."

Sabrina Ragone, 'The Inter-American System of Human Rights: Essential Features', in Transformative Constitutionalism in Latin America: The Emergence of a New Ius Commune. Ed. Armin Von Bogdandy, et al. Oxford University Press (2017). Oup Uncorrected Proof-revises, Wed May 24, 2017.

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