Types of Expressions

"The European Centre for Press and Media Freedom with the support of Council of the Europe (CoE) organised the conference “Promoting dialogue between the European Court of Human Rights and the media freedom community. Freedom of expression and the role and case law of the European Court of Human Rights: developments and challenges”. The three key themes of this conference were: (1) defamation, privacy and the processing of personal data, (2) investigative journalism in relation to newsgathering, access to official documents and the importance of the protection of sources and whistleblowers, as well as (3) the right to protest and the role of the media during protests. The conference resulted in fruitful discussions of the ECtHR’s recent case law relating to freedom of expression, media and journalism. The keynote speakers, the moderators, the speakers and participants played a crucial role on the productive dialogue between judges and civil society. These discussions have been collected and presented in this conference e-book in form of conclusions. In addition, unedited speeches and presentations of the speakers are incorporated in this publication. The conference was broadcast live and video links to all speakers’ presentations are included as well. Lastly, a summary of social media coverage is also integrated."

Social protest is recognized and protected as intrinsic to the existence and consolidation of democracies by the inter-American system of human rights. As per the instruments of the inter-American system, the rights to freedom of expression, peaceful assembly, and association guarantee and protect individual and collective forms of public expression of opinions, dissent, demand for compliance with human rights, and affirmation of the historically marginalized groups in society. Despite such recognition, the region continues to repress and limit the exercise of these rights in the public sphere, due to the notion of citizen mobilization being disruptive for public order or a threat to the stability of democratic institutions. The objective of this report, therefore, is to “contribute to a better understanding of State obligations aimed at guaranteeing, protecting, and facilitating public protests and demonstrations, as well as the standards that should frame the progressive use of force—and as a last resort—in protest contexts”. The report discusses: guiding principles, applicable legal framework, obligation to respect rights, obligation to protect and facilitate, obligation to guarantee rights, protests and the internet, access to information, states of emergency, and conclusions and recommendations. 

The report  “describes the jurisprudence of various systems for protection of human rights regarding public protests and their possible limitations. The objective was to contribute to interpretation of public protests as an exercise of freedom of expression and freedom of assembly in the framework of the Inter-American System.”

The report (A/HRC/20/27) is divided into four chapters. In “chapter III, the Special Rapporteur highlights best practices that promote and protect the rights to freedom of peaceful assembly and of association. [The Special Rapporteur also addresses the ‘Common Principles’ which include the legal framework and the environment in which these rights are exercised […] This chapter ends with an emphasis on the right to an effective remedy and accountability for human rights violations and abuses.”

The report (A/HRC/32/36) is divided into five sections. In section III, the Special Rapporteur “addresses the phenomenon of fundamentalism and its impact on the exercise of the rights to freedom of peaceful assembly and of association. In section IV, he examines the positive role that assembly and association rights can play in preventing the spread of extremism and radicalization. The Special Rapporteur outlines his conclusions and his recommendations to various stakeholders in section V.” 

The report (A/HRC/31/66) presents a “compilation of practical recommendations for the proper management of assemblies. In each section of the compilation the special rapporteurs provide a summary of applicable international legal standards, followed by practical recommendations on how those principles might be implemented, with the aim of ensuring better protection of the various rights of those engaged in assemblies.” 

The report (A/HRC/23/39) is divided into five chapters. In “chapters III and IV, the Special Rapporteur addresses two issues he considers to be among the most significant ones of his mandate, namely funding of associations and holding of peaceful assemblies.” 

 The report (A/68/299) “addresses concerns about the exercise of the rights to freedom of peaceful assembly and of association in the context of elections. The Special Rapporteur is deeply concerned about increasing human rights violations and abuses, which are being committed in several parts of the world against those who exercise or seek to exercise such rights in the context of elections and which indelibly mar such elections.” 

The report (A/72/135) is divided in seven sections. In section III, the Special Rapporteur “outlines the factors that shape her vision.” This section includes subsections on ‘freedom of peaceful assembly and of association as fundamental rights; ‘Democracy and freedom of peaceful assembly and of association; ‘Development and freedom of peaceful assembly and of association’. 

The report (A/HRC/29/25) is divided in four sections. In section III, the Special Rapporteur “addresses legislation and practices concerning natural resource exploitation that present challenges to the exercise of the rights to freedom of peaceful assembly and of association.”