All States parties must report on the measures they have adopted relating to the rights described in the Covenant, and on the progress the State has made in the enjoyment of civil and political rights. At the same time, it draws a link between public and private action in light of the States obligation to ensure that citizens are protected from any acts, including by private entities that may impair freedom of opinion and expression (Paragraph 7). UN Human Rights Committee (HRC), CCPR General Comment No. No Data. Title Articles Year Reference Link; 37. 2011. Human Rights Committee Refworld | General comment no. 35, Article 9 (Liberty and security of Refworld is the leading source of information necessary for taking quality decisions on refugee status. General comments have also dealt with wider, cross-cutting issues, such as the role of national human rights institutions, the rights of persons with disabilities, violence against women and the rights of minorities. Palais Wilson - 52, rue des Pquis Learn more about each topic, see who's involved, and find the latest news, reports, events and more. 4 General comment No. 29 March 2021. 1 on places of deprivation of Liberty (OPCAT article 4) : CRC-Committee on the Rights of the Child: Draft general comment No. Office of the United Nations High Commissioner for Human Rights Refworld is the leading source of information necessary for taking quality decisions on refugee status. UN Human Rights Committee: General Comment No. 34 (Replaces General Comment 10) Article 19. Such responsibility may also be incurred by a State party under some circumstances in respect of acts of semi-State entities. GENERAL REMARKS 1. Stand up for Human Rights. Conscientious objection to military service can international human rights systems help? The Committee also interprets Article 19 broadly to cover freedom of opinion (a right with no restriction possible - Paragraph 9), freedom of expression (which covers even the expression considered as deeply offensive - Paragraph 11), its application in the media context (explaining that the public has a corresponding right to receive media output - Paragraph 13), the right to access information (Paragraph 18) and Freedom of Expression within the political rights context (Paragraph 20). 32: Article 14: Right to Equality before Courts and Tribunals and to Fair Trial, General Comment No. Fact Sheet No. 10 (nineteenth session). The obligation also requires States parties to ensure that persons are protected from any acts by private persons or entities that would impair the enjoyment of the freedoms of opinion and expression to the extent that these Covenant rights are amenable to application between private persons or entities. In particular, the Committee explains how these restrictions should concurrently be: (i) provided by a law that is available to the public, with enough precision to let everyone know what is not permitted (Paragraph 24); and (ii) necessary and proportionate for a legitimate purpose (Paragraph 33), which encompasses the obligation of States to individualize and demonstrate how a threat justifies an action. National institutions and regional mechanisms, Information for civil society, NGOs and NHRIs, Article 9: Liberty and Security of person, Article 19: Freedoms of opinion and expression, Obligations of States Parties under the Optional Protocol to the International Covenant on Civil and Political Rights. (Replaces General Comment 10) Article 19. Freedom of expression is a necessary condition for the realization of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights. General Comment 22 emphasises the broad scope of the freedom of thought, and clarifies that article 18 protects all form of religion, including the right not to profess any religion or belief. General comment No. Title General comment no. Comments: Adopted at the Nineteenth Session of the Human Rights Committee . 26 (2022) on Land and Economic, Social and Cultural Rights, Advance unedited version released on 9 September 2022, General comment No.5 (2021) on migrants' rights to liberty and freedom from arbitrary detention, General comment No. General comments and recommendations. The Joint Declaration on Freedom of Expression and Refworld | CCPR General Comment No. 16: Article 17 (Right to Privacy Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. PDF United Nations CCPR/C/GC/34 International Covenant on View the database of progress reports by one or more of these criteria. For that event, the Committee invited interested members of the National Human Rights Institutions (NHRIs), civil society, and academia to participate and focused its discussions on the views . Recently adopted General Comments or Recommendations. 34 deals with the right to freedom of expression under the International Covenant on Civil and Political Rights. Right to Life (Replaces General Comments 6 and 14), Right to Liberty and Security of Persons (Replaces General Comment 8), Freedoms of Opinion and Expression (Replaces General Comment 10), Obligations of States Parties under the Optional Protocol, Right to equality before courts and tribunals and to a fair trial (Replaces General Comment 13), The nature of the general legal obligation imposed on States Parties (Replaces General Comment 3), Reporting obligations of States Parties under Article 40 (Replaces General Comment 1), Derogations during a State of Emergency (Replaces General Comment 5), The Equality of Rights between Men and Women (Replaces General Comment 4), Participation in Public Affairs and the Right to Vote, Reservations to the Covenant or the Optional Protocols or Declarations under Article 41 of the Covenant, Freedom of Thought, Conscience or Religion, Humane Treatment of Persons Deprived of their Liberty) (Replaces General Comment 9), Prohibition of Torture or Cruel, Inhuman or Degrading Treatment or Punishment (Replaces General Comment 7), The Position of Aliens under the Covenant, Administration of Justice (Replaced by General Comment 32), Prohibition of Propaganda for War and Inciting National, Racial, or Religious Hatred, Humane Treatment of Persons Deprived of their Liberty (Replaced by General Comment 21), Prohibition of Torture or Cruel, Inhuman, or Degrading Treatment or Punishment (Replaced by General Comment 20), Derogations (Replaced by General Comment 29), Equal Enjoyment of Civil and Political Rights by Men and Women (Replaced by General Comment 28), Implementation at the National Level (Replaced by General Comment 31), Reporting Obligation (Replaced by General Comment 30), Centre for Civil and Political Rights (CCPR Centre) Rue de Varemb 1, PO Box 183, 1202 Geneva (Switzerland) Tel: +41(0)22 / 33 22 555 Email: info@ccprcentre.org, Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10, Arabic | Chinese | English | French | Russian | Spanish, Documents adopted by the Human Rights Committee (March 2012), English | French | Spanish | Russian | Handbook, Documents adopted by the Human Rights Committee (November 2012), English | French | Spanish | Russian | Arabic | Chinese. This general comment replaces general comment No. The information has been carefully selected and compiled from UNHCR's global network of field . CCPR/C/GC/34 Focus Freedom of opinion and expression Summary This general comment replaces general comment No. 28 -Article 3 (The equality of rights between men and women) Article 17 provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy . Right of Peaceful Assembly. University of Minnesota Human Rights Library . National institutions and regional mechanisms, Deadlines for submitting documentation (database), Complaints and inquiries about human rights violations, Day of general discussion on the draft General Comment on 8 June 2023, 15:00 Geneva time, Call for comments Deadline 15 February 2023, Half-day general discussion 23 February 2023. Reports. 11). Stand up for Human Rights. ICCPR General Comments - ccprcentre.org The General Comment provides guidance to States on what the freedoms of opinion and expression mean in practice. The Committees work promotes the enjoyment of civil and political rights, resulting in numerous changes of law, policy and practice. However, ARTICLE 19 is concerned by a number of weaknesses in the Draft which . UNOG-OHCHR No. It is binding on more than 165 countries. 29, para. general comment 34 | Law, Justice and Journalism 37 on Article 21 (Right of peaceful assembly), General comment No. Refworld | General comment no. 33, Obligations of States parties under Draft General Comment 37 on Article 21 will be available soon. General comment no. 37 (2020) on the right of peaceful assembly As noted above, article 19(3) of the ICCPR permits limitations on the rights recognised in article 19(2), but those limitations must be: (1) provided by law and (2) necessary for respect of the rights or reputations of others, for the protection of national security, public order, or public health or morals. ICCPR General Comments. Promotion and protection of the right to freedom of opinion and expression - Note by the Secretary-General, A/HRC/47/25: Disinformation and freedom of opinion and expression - Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, A/HRC/38/35/Add.1/Corr.1: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression - Overview of submission received in preparation of the Report of the Special Rapporteur, National institutions and regional mechanisms. . PDF Draft General Comment No. 34 on Freedom of Opinion and Expression Human Rights Committee, General Comment 16, (Twenty-third session, 1988), Compilation of General Comments and General Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. Stand up for Human Rights. 37 on Article 21 (Right of peaceful assembly) General Comment 34. Freedom of Expression: Article 19 of the International Covenant on In its General Comment no. Right of Peaceful Assembly. The last General Comment on freedom of expression, issued in 1983, was only three paragraphs long. General comment No. 34 on Article 19 ICCPR / Legal docs / Legal The Right to Be Forgotten and Blocking Orders under the American Convention: Emerging Issues in Intermediary Liability and Human Rights. 10 (nineteenth session). Taking account of the relationship of freedom of expression to the other rights in the Covenant, while reservations to particular elements of article 19, paragraph 2, may be acceptable, a general reservation to the rights set out in paragraph 2 would be incompatible with the object and purpose of the Covenant. General comment no. 34, Article 19, Freedoms of opinion and expression These restrictions may relate either to (a) the rights and reputation of others, or, (b) to the protection of national security or public order. General Comment 34 (GC34) refers to Article 19 (1) and (2) of the ICCPR, made up of two separate rights: the right to opinions and the right to freedom of expression. 34 - Article 19: Freedoms of opinion and expression, General comment No.33: Obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights, General Comment No. General Comment No. 34 on Article 19 of the International - wilmap Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. Conclusion. As of September 2021, the Committee has adopted 37 general comments. A Conscientious Objector's Guide to the International Human Rights System. They are essential for any society. 24: Issues Relating to Reservations Made upon Ratification or Accession to the Covenant or the Optional Protocols thereto, or in Relation to Declarations under Article 41 of the Covenant: Publisher: UN Human Rights Committee (HRC) Publication Date: 4 November 1994: Topics: Accession: Citation / Document Symbol: CCPR/C . In addition to hearing from governments, national human rights institutions, and academics, the committee received written and oral contributions from more than 70 NGOs, including the Open Society Justice Initiative. For instance, freedom of expression is integral to the enjoyment of the rights to freedom of assembly and association, and the exercise of the right to vote. Join us and make a difference. 29: Article 4: Derogations during a State of Emergency, 31 August 2001, CCPR/C/21/Rev.1/Add.11, available at: https: . General Comment 22 on Article 18 of the ICCPR | A Conscientious ICCPR General Comments. link Ar link Ch link En link Sp link Fr: 33. 34 (upon completion of first reading by the Human Rights Council) 25 November 2010 CCPR/C/GC/34/CRP.5 visit 2. They should also include information on remedies available if those rights are violated. Draft General Comment 37 on Article 21 will be available soon. Stand up for Human Rights. The Committee places a particular emphasis on explaining that the exceptions to Article 19 could be applied in accordance with the International Covenant on Civil and Political Rights (ICCPR). The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its States parties. United NationsCCPR/C/GC/34 International Covenant on Civil and Political RightsDistr. General comment No. This full unedited advance text of the UN Human Rights Committee's General Comment No. The explicit recognition that Article 19 of the ICCPR encompasses "a general right of access to information". Freedom of Expression: Article 19 of the International Covenant on Civil and Political Rights and the Human Rights Committee's General Comment No 34 Get access Michael O'Flaherty Human Rights Law Review, Volume 12, Issue 4, December 2012, Pages 627-654, https://doi.org/10.1093/hrlr/ngs030 Published: 12 December 2012 Cite Permissions Share Abstract 34 on Article 19 ICCPR The UN Human Rights Committee's fundamental remarks on Article 19 of the International Covenant on Civil and Political Rights (ICCPR) on freedoms of opinion and expression. 34 Article 19: Freedoms of opinion and expression General remarks This general comment replaces general comment No. 34 on Article 19 of the International Covenant on Civil and Political Rights | wilmap General Comment No. Language doc docx pdf html other ; English.doc.docx.pdf.html : TreatyBodies/CCPR : CCPR/C/GC/34: en: DocStore : English: DocStore: 0: Franais.doc.docx Half-day of general discussion on its draft, Tuesday 27 September 2022, General comment No. No Data. 10 (nineteenth session). The relationship between articles 19 and 20. Furthermore, although freedom of opinion is not listed among those rights that may not be derogated from pursuant to the provisions of article 4 of the Covenant, it is recalled that, in those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committees opinion cannot be made subject to lawful derogation under article 4.Freedom of opinion is one such element, since it can never become necessary to derogate from it during a state of emergency. 2011. Learn about how you can report a human rights violation. 6 on the Convergence of the Convention and the Global Compact for Safe, Orderly and Regular Migration: CEDAW: General recommendation No. 31 on the nature of the general legal obligation imposed on States parties to the Covenant. 4). ICCPR General Comments - ccprcentre.org GENERAL COMMENT 22 The right to freedom of thought, conscience and religion (Article 18 ) (Forty-eighth session 1993 ) 1. Draft General Comment 37 on Article 21 will be available soon. Save-the-date! The UN Human Rights Office and the mechanisms we support work on a wide range of human rights topics. Refworld | CCPR General Comment No. 29: Article 4: Derogations during a ICCPR General Comments - ccprcentre.org CESCR General Comment 13: The Right to Education (Article 13) 34 deals with the right to freedom of expression under the International Covenant on Civil and Political Rights. 2.Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. Human Rights Committee (CCPR) Human Rights Treaties Division (HRTD) Office of the United Nations High Commissioner for Human Rights (OHCHR) Palais Wilson - 52, rue des Pquis CH-1201 Geneva (Switzerland) Mailing address: UNOG-OHCHR CH-1211 Geneva 10 (Switzerland) Fax: +41 22 917 90 08 ohchr-ccpr@un.org @UNTreatyBodies. 4 Permissible limitations of the ICCPR right to freedom of expression UN, Human Rights Committee. Article 9 (Liberty and security of person), General comment No. States parties are required to ensure that the rights contained in article 19 of the Covenant are given effect to in the domestic law of the State, in a manner consistent with the guidance provided by the Committee in its general comment No. Comments: Adopted at the Seventy-second Session of the Human Rights Committee . 38 (2020) on trafficking in women and girls in the context of global migration, General Comment No. Get the latest from our news, events and meetings. 34 Article 19: Freedoms of opinion and expression General remarks 1. Each of the treaty bodies publishes its interpretation of the provisions of its respective human rights treaty in the form of general comments or general recommendations. [ESPAOL] [FRANAIS] Year of publication: 1999 Author (s): Committee on Economic, Social and Cultural Rights Resource type: General comment No. 36 - Article 6: right to life | OHCHR In accordance with Rules 76 and 77 of its Rules of procedures, the Committee may decide to prepare and adopt general comments on specific topics addressing aspects of the Covenant or its Optional Protocols with a view to assisting States parties in fulfilling their obligations under the Covenant and its Optional Protocols. General comment no. 29, States of emergency (article 4) Email: [emailprotected], Statement of the Human Rights Committee in relation to the review on the Russian Federation, Tribute to Professor Christof Heyns (PDF) The general comment goes on to examine the following topics: The Office of the High Commissioner for Human Rights is the leading United Nations entity in the field of human rights, with a unique mandate to promote and protect all human rights for all people. The information has been carefully selected and compiled from UNHCR's global network of field . Get the latest from our news, events and meetings. Article 19 (3) constitutes the "clawback" clauses and relates only to Article 19 (2). As the UNHRC stated in General Comment No. Draft General Comment 37 on Article 21 will be available soon. No. 8 (2022) on the rights of persons with disabilities to work and employment . No Data. Learn more about each topic, see who's involved, and find the latest news, reports, events and more. DOC United Nations The general comments that are under discussion by the treaty bodies are listed hereby. - Office of the United Nations High Commissioner for Human Rights This General Comment offers guidelines to States on what the freedoms of opinion and expression mean in a series of current contexts. 34: For the purposes of paragraph 3, a norm, to be characterized as a "law", must be formulated with sufficient precision to enable an individual to regulate his or her conduct accordingly and it must be made accessible to the public. (Replaces General Comment 10) Article 19. To date, 173 of the 193 UN Member States have ratified the Covenant. Petitions and Inquiries Section CED-Committee on Enforced Disappearances: Draft general comments No. 37 on Article 21 (Right of peaceful assembly), National institutions and regional mechanisms, View call-for-input underlying this report. General Comment No. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Regarding the subject matter for establishing restrictions, they could either be to (i) ensure the respect of the rights of others (Paragraph 28), or, (ii) to protect national security or public order (Paragraph 29). CCPR General Comment No. Freedom of opinion and freedom of expression are indispensable conditions for the full development of the person. Right of Peaceful Assembly. Refworld | CCPR General Comment No. 22: Article 18 (Freedom of Thought This general comment replaces general comment No. Join us and make a difference. General Comment No. 34 | Global Freedom of Expression By entering your email address and clicking Submit, you agree to receive updates from the Open Society Justice Initiative about our work. 12 September 2011, Meaning of Article 19 and Regional Equivalents, Legitimate Restrictions to Freedom of Expression: Three Part Test. 19 Freedoms of Assembly and AssociationArticles 21 and 22. . Day of General Discussion on Friday, 24 February 2023. 36 - Article 6 (the right to life), General comment No. : General 12 September 2011 Original: English Human Rights Committee 102nd session Geneva, 11-29 July 2011 General comment No. PDF BRIEFING NOTE SERIES ON FREEDOM OF EXPRESSION Restrictions on Freedom This full unedited advance text of the UN Human Rights Committee's General Comment No. Title Articles Year Reference Link; 37. The UN Human Rights Office and the mechanisms we support work on a wide range of human rights topics. 13: Article 14 (Administration of Justice), Equality before the Courts and the Right to a Fair and Public Hearing by an Independent Court Established by Law: Publisher: UN Human Rights Committee (HRC) Publication Date: 13 April 1984: Topics: Equality before the law | Independence of judiciary: Cite as PDF International Covenant on Civil and Political Rights - Office of the Fax: +41 22 917 90 08
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