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Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Protecting the right to freedom of expression under the European Convention on Human Rights

Protecting the right to freedom of expression under the European Convention on Human Rights PDF Author: Bychawska-Siniarska, Dominika
Publisher: Council of Europe
ISBN:
Category : Political Science
Languages : en
Pages : 124

Book Description
European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

Introduction to the European Convention on Human Rights

Introduction to the European Convention on Human Rights PDF Author: Jean-François Renucci
Publisher: Council of Europe
ISBN: 9789287157157
Category : Law
Languages : en
Pages : 132

Book Description
The model system created by the European Convention on Human Rights is internationally renowned. The rights it protects are among the most important, covering not only civil and political rights, but also certain social and economic rights, such as the right to respect for personal possessions. The European Court of Human Rights stands at the heart of the protection mechanism guaranteeing these rights. It is now an entirely judicial system since the adoption and entry into force of Protocol No. 11, which reorganised the whole system and extended the Court's jurisdiction. The Court's excessive caseload is a problem, though, and this has led to the further improvements contained in Protocol No. 14, designed to strengthen the operation and effectiveness of the Court.

Freedom of Expression in Europe

Freedom of Expression in Europe PDF Author: Mario Oetheimer
Publisher: Council of Europe
ISBN: 9287160945
Category : Law
Languages : en
Pages : 191

Book Description
The European Court of Human Rights has always defended the idea that freedom of expression has an essential role to play in a democratic society, helping to foster the development of an open, tolerant society in which human rights are respected. Freedom of expression is not absolute and unconditional, however; there are certain limits which must be respected. How can racist, xenophobic propaganda be proscribed without trespassing on individual freedom of expression? How can a suspect's right to be presumed innocent be protected without placing restrictions on the public's right to information? Where should we draw the line concerning the criticism of politicians by the media? It is by answering these and many similar questions over a period of almsost fifty years that the European Court of Human Rights has developed its case-law in respect of Article 10 of the European Convention on Human Rights, presented in summary form in this book.

Human Rights in the Council of Europe and the European Union

Human Rights in the Council of Europe and the European Union PDF Author: Steven Greer
Publisher: Cambridge University Press
ISBN: 1108647456
Category : Law
Languages : en
Pages : 562

Book Description
Confusion about the differences between the Council of Europe (the parent body of the European Court of Human Rights) and the European Union is commonplace amongst the general public. It even affects some lawyers, jurists, social scientists and students. This book will enable the reader to distinguish clearly between those human rights norms which originate in the Council of Europe and those which derive from the EU, vital for anyone interested in human rights in Europe and in the UK as it prepares to leave the EU. The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities. The authors also identify the central challenges, particularly for the UK in the post-Brexit era, where the components of each system need to be carefully distinguished and disentangled.

Freedom of Expression and the Media

Freedom of Expression and the Media PDF Author: Merris Amos
Publisher: Martinus Nijhoff Publishers
ISBN: 900422940X
Category : Law
Languages : en
Pages : 272

Book Description
Freedom of expression – particularly freedom of speech – is, in most Western liberal democracies, a well accepted and long established, though contested constitutional right or principle. Whilst based in ethical, rights-based and political theories, such as those of justice, the good life, personal autonomy, self determination, and welfare, as well as arrangements over legitimate government, pluralism and its limits, democracy and the extent and role of the state, there is always a lack of agreement over what precisely freedom of expression entails and how it should be applied. For the purposes of this book we are concerned with freedom of expression and the media with regard to the current application of legal standards and self-regulation to journalistic practice. Justifications for freedom of expression do, in the end, inevitably involve the conduct of the media and it is this that concerns our authors. This book is concerned with these issues as they affect the contemporary media, the practice of journalism and why imposed constraints and the extent of the freedoms attached to freedom of expression are managed, and why they may or may not be ultimately regarded as legitimate or not legitimate. It is the practical matter of contemporary journalism and freedom of expression that concerns us. Consequently this is not a philosophical work so much as a work concerned with the way that freedom of expression is evoked and applied and those arguments that support or refute such evocation and application, focussing on areas of tension between freedom of expression and other considerations. In short, this is a book concerned with what the various authors regard as good practice as well as what they regard as problematic and why. Most of the chapters in this book assume a UK regulatory framework, which, influenced by the EU requirements, imposes a differentiated burden on the broadcast media by comparison with the press and, to some degree, content on the Internet.

Article 5 of the European Convention on Human Rights

Article 5 of the European Convention on Human Rights PDF Author: J. L. Murdoch
Publisher: Council of Europe
ISBN: 9789287150196
Category : Political Science
Languages : en
Pages : 144

Book Description


The Universal Declaration of Human Rights

The Universal Declaration of Human Rights PDF Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32

Book Description


Asylum and the European Convention on Human Rights

Asylum and the European Convention on Human Rights PDF Author: Nuala Mole
Publisher: Council of Europe
ISBN: 9789287144416
Category : Political Science
Languages : en
Pages : 80

Book Description
In this 3rd edition, the author draws extensively on the recent case-law of the Strasbourg organs to present a wide-ranging account of the protection afforded to refugees under the European Convention on Human Rights.

Freedom of Expression

Freedom of Expression PDF Author: Michel Verpeaux
Publisher: Council of Europe
ISBN: 9789287164643
Category : Political Science
Languages : en
Pages : 224

Book Description
Freedom of expression is not absolute, even although it is a fundamental right enshrined in the European Convention on Human Rights. Under the terms of the Article 10 of the Convention, its exercise may be subject to such restrictions as are prescribed by law and are "necessary in a democratic society" in order to uphold the rights of all individuals. The author compares and analyses the protection of and limits on the right to freedom of expression in the case law of European constitutional courts and the European Court of Human Rights, drawing on practical examples, to see whether a common European approach exists in this area.

The Cambridge Handbook of Consumer Privacy

The Cambridge Handbook of Consumer Privacy PDF Author: Evan Selinger
Publisher: Cambridge University Press
ISBN: 1316859274
Category : Law
Languages : en
Pages : 616

Book Description
Businesses are rushing to collect personal data to fuel surging demand. Data enthusiasts claim personal information that's obtained from the commercial internet, including mobile platforms, social networks, cloud computing, and connected devices, will unlock path-breaking innovation, including advanced data security. By contrast, regulators and activists contend that corporate data practices too often disempower consumers by creating privacy harms and related problems. As the Internet of Things matures and facial recognition, predictive analytics, big data, and wearable tracking grow in power, scale, and scope, a controversial ecosystem will exacerbate the acrimony over commercial data capture and analysis. The only productive way forward is to get a grip on the key problems right now and change the conversation. That's exactly what Jules Polonetsky, Omer Tene, and Evan Selinger do. They bring together diverse views from leading academics, business leaders, and policymakers to discuss the opportunities and challenges of the new data economy.