Types of Expressions

Types of Expressions

The resources on this Module explore the nature and extent of freedom of expression through a focus on specific speech or speakers, such as political speech, art, or protest.  The readings will demonstrate the existence of a range of standards regarding their protection and regulation, largely enshrined in many regional and country practices, although not all.

7 items found, showing 1 - 7
Author: Lisa Chamberlain
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"Many human rights have a dual value in that their realisation is both an important end, and a means to enable the realisation of other rights. The effective implementation of these kinds of rights is thus particularly important for advancing rights-based democracy. However, in practice, the implementation of such rights is often problematic. The article examines access to information and protest as examples of such ‘enabling’ rights. Drawing on the experience of communities and civil society organisations, it identifies and discusses some striking similarities in the way in which the legislation promulgated to give effect to these two rights in South Africa is being implemented, and argues that the problematic implementation of legislation is having the effect of thwarting these rights, rather than promoting them. Further, it argues that the existence of such striking similarities may point to a more systemic problem of civil and political rights failing to enable the realisation of socio-economic rights."

Chamberlain, Lisa. “Assessing enabling rights: Striking similarities in troubling implementation of the rights to protest and access to information in South Africa” African Human Rights Law Journal 16, no. 2 (2016): 365-384.

Author: IACtHR
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“[T]he Government of Costa Rica […] submitted to the Inter-American Court of Human Rights […] an advisory opinion request relating to the interpretation of Articles 13 [Freedom of thought and expression] and 29 [Restrictions Regarding Interpretation] of the American Convention on Human Rights […] as they affect the compulsory membership in an association prescribed by law for the practice of journalism […]. The request also sought the Court's interpretation relating to the compatibility of Law No. 4420 of September 22, 1969, Organic Law of the Colegio de Periodistas (Association of Journalists) of Costa Rica […], with the provisions of the aforementioned articles.”

IACtHR, Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism. Advisory Opinion OC-5/85. Series A, No. 5. 13 November 1985

Author: Maina Kiai
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"The purpose of FOAA Online! is to provide easily accessible legal arguments to assist lawyers, activists and judges involved in freedom of peaceful assembly and freedom of association (FOAA) cases. The site is organized per thematic topic or sub-question in order to direct users as straightforwardly as possible to relevant legal arguments. The FOAA Q&A assists users to link actual facts and incidents to pertinent legal questions. The website focuses on the most widespread issues experienced by those exercising their FOAA rights around the world." To see FOAA Online! in its native Web format, go to: http://freeassembly.net/foaa-online

Author: Kevin W. Saunders
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"Free Expression and Democracy takes on the assumption that limits on free expression will lead to authoritarianism or at least a weakening of democracy. That hypothesis is tested by an examination of issues involving expression and their treatment in countries included on The Economist's list of fully functioning democracies. Generally speaking, other countries allow prohibitions on hate speech, limits on third-party spending on elections, and the protection of children from media influences seen as harmful. Many ban Holocaust denial and the desecration of national symbols. Yet, these other countries all remain democratic, and most of those considered rank more highly than the United States on the democracy index. This book argues that while there may be other cultural values that call for more expansive protection of expression, that protection need not reach the level present in the United States in order to protect the democratic nature of a country."

Saunders, Kevin W. Free Expression and Democracy: A Comparative Analysis. Cambridge: Cambridge University Press, 2017. doi:10.1017/9781316771129.

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: UN Human Rights Committee
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The UN Human Rights Committee adopted (102nd Session) General Comment 34 on States parties' obligations under Article 19 of the ICCPR: Freedoms of opinion and expression (CCPR/C/GC/34). The General Comment provides guidance to States on what the freedoms of opinion and expression mean in practice. Among others, the General Comment refers to: Freedom of expression and the media; Right of access to information; Freedom of expression and political rights; The application of article 19 (3); Limitative scope of restrictions on freedom of expression in certain specific areas; The relationship between articles 19 and 20.

UN, Human Rights Committee. General Comment No. 34. CCPR/C/GC/34. 12 September 2011

Author: UN SRFPAA Maina Kiai
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"This document summarizes three general principles under international human rights norms and standards regarding the ability of civil society to seek, receive and use resources. The left hand column provides arguments supporting specific aspects of each principle, while the right hand column provides the legal basis or background for the argument. Where relevant, hyperlinks are provided to original sources."