The Protection of the Right to Freedom of Expression in International Human Rights Law: an Overview
- Issue date
Oficyna Wydawnicza AFM
Studia Prawnicze. Rozprawy i materiały 2020, nr 2, s. 151-160.
- freedom of expression; International human rights law; International Covenant on Civil and Political Rights; restrictions; requirements
This paper provides an overview on the protection of the right to freedom of expression in international human rights law. It addresses the scope of this right and focuses on the exceptional circumstances in which this right might be restricted. According to international law, a restriction must be provided by law, pursue a legitimate aim and be necessary to achieve this particular legitimate aim. Additionally, the restriction shall be the least restrictive measure capable of achieving the legitimate aim pursued. In other words, freedom of expression may only be limited if the restriction meets the requirements of legality, legitimacy, necessity and proportionality, as defi ned by international human rights law.
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