International Human Rights Law on the Right to Free Expression

This essay discusses the importance of the right to free expression and analyzes the effectiveness of the UN Universal Declaration of Human Rights (UDHR) in ensuring this right. It also examines the need for strict laws to protect this right and the challenges faced by the International Human Rights Law (IHRL) in safeguarding it.

Assignment on Human Rights
RIGHT TO FREE EXPRESSION
Assignment
RIGHT TO FREE EXPRESSION
Name: [Click here and type your Name]
Student ID: [Click here and type your Student ID number]
Paper code: [Click here and type your Paper code, eg LAWS103]
Paper: [Click here and type your Course name, eg Legal Method]
Stream: [If Legal Method, click here and type Stream, eg A]
Assignment Name: [Click here and type Assignment Name, eg Research Essay]
Lecturer: [Click here and type Lecturer's name]
Due Date: [Click here and type due date]
Extension granted until: "[Click here and type extended date if granted]"

[Click here and type your Name and Student ID number]
Introduction
The struggle for ensuring freedom and right to carry out basic human activities
has been long going in many parts of the world even today. One of the most important
but basic human right is the right to free expression, which many humans are not
allowed to assert. Instances from across the globe reveal that although progress has
been made to ensure each individual is allowed to live and express freely, a lot has to
be done. Cases of individuals attacked or killed because of expressing their opinion on
different issues are abounding in today’s world. In most cases, the right to free
expression is violated in the name of religion. The 2016 attack in the office of Charlie
Hebdo, a newspaper in France exemplifies the violation of right to free expression.
The aim of the present essay is to shed light on the current framework of international
human rights law on the right to free expression. The paper will explain the notion of
free expression and analyze its importance. Further, it will examine the need to have
strict laws for protecting this right. The paper will then critically analyze the
effectiveness of the UN Universal Declaration of Human Rights (UDHR) in ensuring
the right to freedom of expression.
Discussion
After the Second World War, the United Nations came into being in a
complete form with the dissolving of the League of Nations. The formation of the UN
brought to the fore, the need for reinsuring and reassuring the basic human rights of
the people across the globe. The end of the Second World War gradually ended the
colonialism in almost all the nations specifically in the Asian region although the
African countries had yet to be liberated. This had a huge impact on the realization of
human rights by the countries having dominant powers. This led to the adoption of the
1

[Click here and type your Name and Student ID number]
Universal Declaration of Human Rights on December 10, 19481. The declaration was
made after the world leaders realized that atrocities such as those carried out during
the two wars must never be repeated. World leaders took the decision to comply with
the UN Charter with a vision to “guarantee the rights of every individual
everywhere”2. These rights encompassed all aspects of life including the right to
speak and express freely, the right to live, to follow any religion or belief, right
against discrimination, protection of vulnerable groups and other rights. The creation
of UDHR further resulted in legislating these rights and freedoms through the
International Human Rights Law. This meant that any violation of these rights would
directly mean the violation of international law and hence, would come under
punishable offence.
The notion of free expression refers to the freedom enjoyed by individuals to
express their thoughts and ideas freely without worrying about possible attacks. Any
individual or community has the right to speak freely on issues that they think concern
them or the country. In the past, especially before and during the two World Wars in
the 20th century, when the world was suffering from the atrocities of colonialism,
freedom of expression along with other basic rights had no value. The colonials that
included British, France and other European nations exerted ultimate power and
authority and subjugated the rights of the colonized citizens. The people were not
allowed to speak against the rulers and if they did, they were subjected to brutal
punishments. The colonial rulers even used other tactics and strategies to silent the
people to prevent them from using their freedom of speech rights. Violating the right
to free speech was not considered an offence prior to the First and Second World War
1 Un.org. "The Foundation Of International Human Rights Law". Un.Org, 2018,
http://www.un.org/en/sections/universal-declaration/foundation-international-human-rights-law/
index.html. Accessed 12 Sept 2018
2 Ohchr.org. "OHCHR | International Standards - Framework For Communications". Ohchr.Org, 2018,
https://www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx. Accessed 12 Sept 2018
2

[Click here and type your Name and Student ID number]
although many organizations in various countries were vocal about it. In particular,
the non-profit, non-governmental organizations came out in protest against the
colonial powers and invoked the undermined population to rise up and speak.
After the introduction of UDHR and the subsequent International Covenant on
Civil and Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR), hopes of ensuring the right to free expression
resurfaced. People across the globe developed high hopes that equality shall be
established again. Thomas Buergenthal, Dinah L. Shelton and David Stewart while
reviewing the UDHR and IHRL, states that the laws have ensured remarkable
progress in terms of protecting the rights of all humans all across the globe3. The
author further highlights the political significance of these laws and observes that
states have now become more responsible in protecting the human rights as they have
realized its influence in the political and economic sector. Naidoo, Jamie Campbell
and Miriam Sweeney provide a contrasting view to this argument stating that the laws
that are meant to protect the rights of the people pertaining to free speech have
drastically failed. One prime example of the failure of IHRL and UDHR is the attack
on Malala Yousafzai in 2012 in the Swat Valley of Pakistan by the Taliban
extremists. She was attacked because she spoke freely about the right to education for
the girls in her valley4.
It could however be pointed out that prior to the UDHR and IHRL, the
situation was even worse as there was no law that could protect the rights. As
JanaVon Stein points out, “despite the large human cost of their failings, the UDHR,
ICCPR and other mechanisms are fit for the contemporary world as these have
3 Buergenthal, Thomas, Dinah L. Shelton, and David Stewart. "International human rights in a
nutshell." (2009).
4 Naidoo, Jamie Campbell, and Miriam E. Sweeney. "Educating for social justice: Perspectives from
library and information science and collaboration with K-12 social studies educators." Journal of
International Social Studies 5.1 (2015): 196-207.
3

[Click here and type your Name and Student ID number]
ensured human rights being codified I international law”5. The author further
mentions that these mechanisms have helped the nation-states to strengthen their legal
instruments for the protection of human rights of their citizens. In light of this view, it
must be stated that introduction and implementation of international laws to safeguard
the rights to freedom of expression have failed to take into account the cultural and
religious aspects.
The freedom of expression, as discussed in the above section is extremely vital
for a country to develop and progress completely. It is the most basic human right that
underpins almost all other rights and gives those the space to flourish. According to
the ICCPR, Article 19 (1), “Everyone shall have the right to hold opinions without
interference”. Breaking it down in simpler words, it means that every individual is
free to have personal opinions on any issue and no one else is entitled to interfere. The
second part of Article 19 declares, “Everyone shall have the right to freedom of
expression”. This is the most significant part of the ICCPR Article 19 as it
incorporates all the aspects related to freedom of expression. It further elaborates that
the people have the right to inquire about, obtain and pass on information and
thoughts of all kinds.
From the above discussion, it is clear that the right to free expression is vital in
ensuring other rights of the citizens. Apart from that, the freedom of expression is
crucial in establishing an equal society. As Eric Neumayer remarks, there are groups
in all parts of the world in both developed and developing nations who are still
struggling to attain complete access to free expression6. This is caused due to several
reasons that include poverty, discrimination on grounds of caste, religion and
5 Von Stein, Jana. "Making promises, keeping promises: democracy, ratification and compliance in
international human rights law." British Journal of Political Science 46.3 (2016): 655-679.
6 Neumayer, Eric. "Do international human rights treaties improve respect for human rights?." Journal
of conflict resolution 49.6 (2005): 925-953.
4

[Click here and type your Name and Student ID number]
community, and pressure from cultures. It is therefore important to ensure that the
IHRL on right to free expression is imposed strictly, so that these marginalized groups
could come forward and expresses themselves freely.
It has been evident that the laws mentioned in the UDHR and its subsequent
documents to enable citizens across the world enjoy freedom of expression amongst
other rights, have been challenged. Anthony E Cassimatis notes that while the laws
incorporated within the Article 6 of ICCPR apply in war times, these are put under lex
specialis (doctrine that relates to interpretation of law) in IHRL when it comes to
prohibiting arbitrary taking of human life7. Emily Howie further finds flaws with the
IHRL as resulting from the UDHR8. The author states that the declaration was
initiated in view of the atrocities carried out by the Nazis against the Jewish people
throughout the Second World War. It was thus directed against a particular
community and not to any specific individual. However, the UDHR incorporated
conventions that concerned the rights of individuals and not an entire community.
Therefore, states the author, these conventions need to be revised in order to
encompass communities and not just individuals9. Apart from that, incorporating
declarations into International Law relinquish the horrors that people had to suffer and
are suffering. The statement is valid because the IHRL has failed to safeguard the
right to free expressions even decades after its implementation. Instances of human
rights violations in Syria, Libya, Yemen and Turkey amongst several others confirm
it10.
7 Cassimatis, Anthony E. "International humanitarian law, international human rights law, and
fragmentation of international law." International & Comparative Law Quarterly 56.3 (2007): 623-
639.volume 6,issue 1
8 Howie, Emily. "Protecting the human right to freedom of expression in international law."
International journal of speech-language pathology 20.1 (2018): 12-15.
9 Carozza, Paolo G. "Subsidiarity as a structural principle of international human rights law." American
Journal of International Law 97.1 (2003): 38-79.
10 Hathaway, Oona A. "Do human rights treaties make a difference?." International Law and Society.
Routledge, 2017. 3-110.
5

[Click here and type your Name and Student ID number]
The UDHR and IHRL had been successful in preventing the world from going
into war again for over seven decades but it has failed to stop genocides and other
violence arising due to lack of freedom of expression11. Global trends on the right to
freedom of expression demonstrate that states have continuously violated
international law by restricting the rights. Six categories comprising laws that violate
right to freedom of expression by unlawfully restricting it have been identified. These
are, laws criminalizing national treachery, laws avoiding radicalism and terrorism,
media regulating laws. Other categories include laws leading Information and
Communication Technology (ICT), laws barring offense and label and laws confining
explicit categories of content12. In the recent decades, states have effectively silenced
those who speak out against the regime by inflicting laws that criminalize espionage,
treason and sedition amongst others. They have mostly targeted journalists, protestors,
activists and even bloggers. The cases of journalists being arrested and charged for
violating state laws by revealing stories that regimes do not want to disclose are
abounding. In countries as Malaysia, Myanmar, Egypt, Russia, China, and many
others, strict laws are imposed that prohibit citizens from speaking anything against
the state. These evidences provide clear indication that the IHRL on right to free
expression is under severe threat and hence, must be reintroduced with stricter
amendments.
As evident from the above discussion, the International Law that safeguards
the right to freedom of expression is under threat from the states. Analyzing the
effectiveness of the declaration and the subsequent covenants becomes easier keeping
the above discussion mind. The laws were incorporated in the ICCPR to protect the
11 Wragg, Paul. "Free speech rights at work: resolving the differences between practice and liberal
principle." Industrial Law Journal 44.1 (2015): 1-28.
12 Kennedy, David. "International Human Rights Movement: Part of the Problem?." Harv. Hum. Rts. J.
15 (2002): 101.
6

[Click here and type your Name and Student ID number]
rights of individuals concerning expressing their opinions and ideas13. The
incorporation of the declarations made in the UDHR has made it possible for
legislators across the world to protect the rights of the people in terms of expressing
freely. The people have the right to express their opinions and ideas in written or
verbal form, through creative arts or literature or through the visual medium or any
form of expression available to them. After the Second World War, many internal
conflicts took place within societies showing the ineffectiveness of the laws
safeguarding the rights.
Conclusion
To conclude, it must be stated that although the international law on rights to
freedom of expression had been influential in different parts and at different, the
overall effectiveness is lacking. The above discussion shed light on the history of
international laws governing freedom of expression and its effectiveness in the
contemporary world. a thorough analysis of the law was done to find its current
relevancy. It was revealed that the current laws protecting the right to free expression
lack in many aspects. Instances have been provided that show the need for a stricter
reformation in the current framework of the international law. The analysis further
revealed that although the UDHR and IHRL have been effective in preventing war
between nations, it has failed to control the internal conflicts and genocides. The
essay also explained the notion of free expression and the significance it has for
protecting other human rights. The analysis also found that the UDHR was initiated
keeping in mind the atrocities done to a community but the declarations barely
mentioned anything related to communities. All the laws were incorporated to
safeguard the rights of the individuals only and not a community. Further research on
13 Meron, Theodor. "On a hierarchy of international human rights." American Journal of International
Law 80.1 (1986): 1-23.
7

[Click here and type your Name and Student ID number]
the topic is suggested to have a better understanding on the ways the present law
could be amended.
8

[Click here and type your Name and Student ID number]
References:
Buergenthal, Thomas, Dinah L. Shelton, and David Stewart. "International human
rights in a nutshell." (2009).
Carozza, Paolo G. "Subsidiarity as a structural principle of international human rights
law." American Journal of International Law 97.1 (2003): 38-79.
Cassimatis, Anthony E. "International humanitarian law, international human rights
law, and fragmentation of international law." International & Comparative Law
Quarterly 56.3 (2007): 623-639.volume 6,issue 1
Hathaway, Oona A. "Do human rights treaties make a difference?." International Law
and Society. Routledge, 2017. 3-110.
Howie, Emily. "Protecting the human right to freedom of expression in international
law." International journal of speech-language pathology 20.1 (2018): 12-15.
Kennedy, David. "International Human Rights Movement: Part of the Problem?."
Harv. Hum. Rts. J. 15 (2002): 101.
Meron, Theodor. "On a hierarchy of international human rights." American Journal of
International Law 80.1 (1986): 1-23.
Naidoo, Jamie Campbell, and Miriam E. Sweeney. "Educating for social justice:
Perspectives from library and information science and collaboration with K-12 social
studies educators." Journal of International Social Studies 5.1 (2015): 196-207.
Neumayer, Eric. "Do international human rights treaties improve respect for human
rights?." Journal of conflict resolution 49.6 (2005): 925-953.
Ohchr.org. "OHCHR | International Standards - Framework For Communications".
Ohchr.Org, 2018,
https://www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx. Accessed
12 Sept 2018
9

[Click here and type your Name and Student ID number]
Un.org. "The Foundation Of International Human Rights Law". Un.Org, 2018,
http://www.un.org/en/sections/universal-declaration/foundation-international-human-
rights-law/index.html. Accessed 12 Sept 2018
Von Stein, Jana. "Making promises, keeping promises: democracy, ratification and
compliance in international human rights law." British Journal of Political Science
46.3 (2016): 655-679.
Wragg, Paul. "Free speech rights at work: resolving the differences between practice
and liberal principle." Industrial Law Journal 44.1 (2015): 1-28.
10