A/HRC/41/48
and to reclaim the return to democracy. Protests and related opinions in favour of
democracy should be ensured the highest protection”.12
27.
The Inter-American Commission has stated that, as public officials, judges and
prosecutors enjoy a right of freedom of expression “that is quite broad” but, at the same
time, “subject to special restrictions” aimed at safeguarding the independence and
impartiality of the judiciary. 13
C.
Professional standards and ethics
28.
Codes of professional conduct play an important role in providing practical guidance
to judges and prosecutors on how to exercise their human rights and fundamental freedoms
in a way that preserves the dignity of their office and the independence and impartiality of
the judiciary.
29.
In a number of States that responded to the questionnaire, professional associations
have developed codes of professional conduct or guidelines to help judges and prosecutors
to act, in the discharge of their professional functions, in accordance with predefined ethical
standards and the duties and responsibilities intrinsic to their functions. 14 In some cases, the
same code is applicable to both judges and prosecutors. 15
30.
Some of these codes contain specific provisions on the exercise of fundamental
freedoms and political rights, and identify the restrictions that judges and prosecutors may
be subject to in order to preserve their independence and impartiality, the honour and
dignity of their office, and the public confidence in the system of administration of justice.16
Only a few ethical codes provide guidance for judges and prosecutors on the use of modern
technologies17
IV. Freedom of expression
31.
The right to freedom of expression is enshrined in many international and regional
treaties.18 The Human Rights Committee has observed that freedom of expression forms the
basis for the full enjoyment of a wide range of other human rights, including the rights to
freedom of religion, assembly, association, participation in public affairs and the effective
exercise of the right to vote. 19
32.
International and regional standards on freedom of expression have a similar
structure: in the first paragraph it is recognized that “everyone” has the right to freedom of
opinion and expression, while in the second paragraph it is stipulated that, in order to be
legitimate, restrictions on this right must be prescribed by law, serve a legitimate aim and
be necessary in a democratic society. In some of these standards it is expressly recognized
that the exercise of this freedom “carries with it special duties and responsibilities”.20
33.
These special duties and responsibilities have a special significance in cases
concerning the freedom of expression of judges and prosecutors. As civil servants, judges
12
13
14
15
16
17
18
19
20
López Lone et al. v. Honduras, judgment of 5 October 2015, para. 160.
“Guarantees for the independence of justice operators: towards strengthening access to justice and the
rule of law in the Americas” (December 2013), para. 172.
Australia, Azerbaijan, Bulgaria, Croatia, Hungary, Slovenia, Sweden and United Kingdom of Great
Britain and Northern Ireland (Northern Ireland only).
Bosnia and Herzegovina, Bulgaria and Romania.
Australia and Slovenia.
Australia and United Kingdom (Northern Ireland and Scotland only).
For example, the International Covenant on Civil and Political Rights (art. 19); the European
Convention on Human Rights (art. 10); the American Convention on Human Rights (art. 13); and the
African Charter on Human and Peoples’ Rights (art. 9).
General comment No. 34 (2011) on freedoms of opinion and expression, paras. 4 and 20.
International Covenant on Civil and Political Rights (art. 19 (3)). See also European Convention on
Human Rights (art. 10 (2)).
7
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