A/HRC/7/14
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should not justify any type of prior censorship, it should be clearly and narrowly defined, it
should be the least intrusive means in what concerns limitations to freedom of expression and
it should be applied by an independent judiciary. The Special Rapporteur reiterates that these
limitations are designed to protect individuals rather than belief systems, guaranteeing that
every person will have all of his or her human rights protected.
66.
The Special Rapporteur notes that a broader interpretation of these limitations, which
has been recently suggested in international forums, is not in line with existing international
instruments and would ultimately jeopardize the full enjoyment of human rights. Limitations
to the right to freedom of opinion and expression have more often than not been used by
Governments as a means to restrict criticism and silent dissent. Furthermore, as regional
human rights courts have already recognized, the right to freedom of expression is applicable
not only to comfortable, inoffensive or politically correct opinions, but also to ideas that
“offend, shock and disturb”. 3 The constant confrontation of ideas, even controversial ones, is
a stepping stone to vibrant democratic societies.
III. CONCLUSIONS AND RECOMMENDATIONS
67.
The right to freedom of opinion and expression, and the related rights of
freedom of association and assembly, are fundamental human rights with far-reaching
consequences for the enjoyment of all other rights. When freedom of opinion and
expression is respected, Governments are held accountable, public policies are designed
more effectively and people’s voices are heard. Limiting the free circulation of ideals not
diminishes plurality and diversity, but undermines democracy entirely.
68.
The Special Rapporteur urges Governments to conduct an in-depth assessment
of existing national legislation as well as of judicial practices related to all forms of
freedom of opinion and expression and to commence, whenever necessary, reform
processes in order to guarantee conformity with international human rights norms and
standards. The Special Rapporteur also recommends Governments to focus on the
protection and the promotion of media independence as a priority, in order to ensure a
constant advancement in the field of freedom of opinion and expression.
3
Arslan v. Turkey, European Court of Human Rights, 1999.
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