Box 8.1
Freedoms of Expression and Association
Art. 19 UDHR
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers.
Art. 19 ICCPR
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive
and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and
responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are
provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Art. 21 ICCPR
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this
right other than those imposed in conformity with the law and which are necessary in a democratic
society in the interests of national security or public safety, public order (ordre public), the protection of
public health or morals or the protection of the rights and freedoms of others.
Art. 10 ECHR
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. …
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.
Art. 20 UDHR
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Art. 11 ECHR
Everyone has the right to freedom of peaceful assembly and to freedom of association with others,
including the right to form and to join trade unions for the protection of his interests.
Limits to freedom of expression: the ECHR approach
In a military context, freedom of expression may be problematic in various forms. These
range from communications complaining about conditions of service, to publishing barracks newssheets, to public dissent from military orders or voicing criticism in the media.
Military discipline implies some limit on freedom of expression, and it is not surprising
that, whereas these activities may be unregulated in the case of civilians, restrictions may
be imposed upon serving members of the armed forces. Similarly, national security will
obviously justify constraints on freedom to disclose military secrets.
These interests are recognized as legitimate reasons for restrictions under human rights
law. In the Engel case, the European Court of Human Rights stated:
the freedom of expression guaranteed by Article 10 applies to servicemen just as
it does to other persons within the jurisdiction of the Contracting States. However, the proper functioning of an army is hardly imaginable without legal rules
designed to prevent servicemen from undermining military discipline, for example
by writings.65
Accordingly, in later cases, the Court found no violation of Art. 10 when two conscripts
were imprisoned for a year after distributing material calling for French army units to
65 Engel v. Netherlands, op. cit., note 29, para. 100.
58
Handbook on Human Rights and Fundamental Freedoms of Armed Forces Personnel
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