Laws Regarding Freedom of Expression Research Paper

Laws Regarding Freedom of Expression - Research Paper Example   It is evidently clear from the discussion that the international law provides a three-part test that is useful in assessing limits on freedom of expression. On various occasions, the international courts responsible for overseeing international human right treaties have elaborated the three-part test through judgments. In addition, national courts have also been useful in elaborating the exact meaning of the test for limitation of freedom  of expression. The right to freedom of expression is assured in exact terms by the article 19 of the Universal Declaration on Human Rights, and the article 19 (2) of International Covenant on Civil and Political Rights. The three regional human rights treaties; the African Charter on Human and Peoples’ rights, the American Convention on Human Rights, and the European Convention on Human rights give an assurance for freedom of expression on Articles 13, 9, and 10 respectively. There is no doubt that the right to freedom of expression is of great importance. During the first session of the United Nations General Assembly, it was made clear that the freedom of information is an essential human right. In addition, t was made clear that the right forms the basis of all the other rights. Laws regarding freedom of expression Regional court, national courts, and other related organizations across the world have reaffirmed that indeed the freedom of information is the foundation of all other rights. The Inter-American court of human rights has pointed out that freedom of expression forms the foundation for the existence of a democratic society. The other reaffirmation is from the European Court human rights, which points out that the freedom of expression forms an essential foundation for democratic societies. It further goes on to state that the right is among the basic conditions that are necessary for its development and that of human beings. The African Commission on Human and peoples’ rights points out that Ar ticle 9 is an indication that freedom of expression remains a basic human right. It further adds that the right is essential for personal development, individual political consciousness, and engaging in the performance of public affairs in the home country. One notable fact is that freedom of expression is not complete, and there are limitations to it provided by every system of law. The Article 19(3) of the ICCPR stipulates that limitations to the right to freedom of expression should be on grounds of respect of the rights or status of others. The other provision is on the grounds of protecting the national security, maintaining public order or protecting public health. International assurances on the right to freedom of expression have several essential features. To begin with, opinions are completely protected by Article 19(1) of the ICCPR. This implies that it is allowed to think evil, but giving expressions on evil thoughts warrants a sanction. The right to freedom of expressio n is for everyone. Therefore, it must be protected without any discrimination on the basis of gender, race, religion, color, language, political or factors that may lead to discrimination. The right also applies to ideas and information of any kind so long as the ideas or information may be communicated. The right also takes into consideration factually incorrect statements and opinions that seem to lack merit or offensive statements.