A/HRC/7/14
Page 19
The Special Rapporteur also refers to Security Council resolution 1624 (2005) of 14
50.
September 2005, which states that any restrictions to the right of freedom of expression, as
reflected in article 19 of the Universal Declaration of Human Rights, must be in accordance
with article 19, paragraph 3 (b), of the ICCPR, which states that any restrictions shall be
those provided by law and necessary “for the protection of national security or of public
order”.
51.
In many of the cases brought to the attention of the Special Rapporteur, most, if not
all of the conditions that are required under article 4, paragraph 1, and 19, paragraph 3, of the
ICCPR to derogate from the right to freedom of opinion or expression, are not being met. He
has noted that there are cases in which the feeling of insecurity caused by terrorist attacks
provides States with an opportunity to adopt measures in which national security is used as
justification to allow for direct attacks against the free media, investigative journalism,
political dissidence, and human rights monitoring and reporting.
52.
The rights to peaceful assembly and to freedom of association, regulated under
articles 21 and 22 of the ICCPR, are also often violated under counter-terrorism legislation.
These rights should be considered essential to any democratic society. The Special
Rapporteur has witnessed how, on certain occasions, peaceful actions or demonstrations have
been considered terrorist acts by certain Governments. As such, peaceful demonstrators have
been charged with acts of terrorism under counter-terrorism legislation, which gives the State
legitimacy to suppress dissent.
53.
The effective enjoyment of the right to freedom of opinion and expression, the right to
peaceful assembly and freedom of association are central elements that mark the difference
between democracy and terror. In this regard, in their legitimate fight to eradicate terrorism,
democratic States must see that freedom and pluralism, two crucial parts of their very
democratic foundations, are preserved at all times.
D. Freedom of opinion and expression and the realization of other human rights
HIV/AIDS
54.
Although the number of people dying from HIV/AIDS and related illnesses has
declined in the last two years, the disease is among the leading causes of death globally, and
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