Human Rights of Armed Forces Personnel
The participating States reaffirmed this commitment in Budapest in 1994, maintaining
that “freedom of expression is a fundamental human right and a basic component of a
democratic society”. In Astana in 2010, they further recognized “the important role played by
civil society and free media in helping us to ensure full respect for human rights […]”.
Further human rights commitments make clear that freedom of expression includes
the right to disseminate and publish views and information.177 In Istanbul in 1999, the
participating States reiterated “the importance of […] the free flow of information as well as
the public’s access to information.”178
ICCPR
Article 19, paragraph 2 of the ICCPR requires States Parties to guarantee the right to freedom
of expression, including the right to “seek, receive and impart information and ideas of all
kinds, regardless of frontiers” (see Box 6.1). This right includes the expression and receipt of
all ideas and opinions capable of being transmitted from one person to another. It includes,
inter alia, political discussions, comments on public affairs, canvassing, discussions of human
rights and journalism. The scope of paragraph 2 embraces even expression that may be
regarded as deeply offensive, although such expression may be restricted in accordance
with the provisions of Article 19, paragraph 3 and Article 20 (concerning propaganda or
war and incitement of national, racial and religious hatred). All forms of expression and
the means of their dissemination are protected,179 including spoken and written means of
expression, such as books, newspapers, pamphlets, posters, banners and all forms of audiovisual communications, as well as electronic and internet-based modes of expression.
In line with paragraph 3, Article 19 of the ICCPR, the protection of national security is
a legitimate ground for restricting the freedom of expression, where the restriction is
provided by law, necessary and proportionate. However, the UN Human Rights Committee
has cautioned that:
“Extreme care must be taken by States parties to ensure that treason laws and
similar provisions relating to national security, whether described as official secrets
or sedition laws or otherwise, are crafted and applied in a manner that conforms to
the strict requirements of paragraph 3. It is not compatible with paragraph 3, for
instance, to invoke such laws to suppress or withhold from the public information
of legitimate public interest that does not harm national security.”180
94
177
Ibid., para. 10.1.
178
OSCE, “Istanbul Document, Charter for European Security: III. Our Common Response”, 19 November 1999,
https://www.osce.org/mc/39569.
179
UN Human Rights Committee, Kivenmaa v. Finland, Communication No. 412/1990, para. 9.3.
180
UN Human Rights Committee, “General Comment No. 34, Article 19: Freedoms of Opinion and Expression”,
12 September 2011, CCPR/C/GC/34, para. 30.
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