THE LEGAL IMPLICATIONS OF FREEDOM OF EXPRESSION IN HUMAN RIGHTS LAW.
Abstract:
Freedom of expression is a fundamental human right that plays a crucial role in the protection of individual liberties and the functioning of democratic societies. This abstract explores the legal implications associated with freedom of expression in the context of human rights law. It examines the international legal framework, including key provisions in major human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
The abstract highlights the scope and limitations of freedom of expression, emphasizing the delicate balance between the right to express oneself and the need to protect other legitimate rights and interests, such as public order, national security, and the rights of others. It analyzes the various tests and standards developed by international and regional human rights bodies to determine the permissible restrictions on freedom of expression.
Moreover, the abstract discusses the evolving challenges posed by the digital age, including the impact of social media platforms and online communication on freedom of expression. It delves into the complexities of regulating hate speech, fake news, and disinformation while ensuring respect for freedom of expression and avoiding undue censorship.
The abstract also explores the role of national legal systems in interpreting and implementing freedom of expression guarantees, taking into account cultural, social, and political contexts. It highlights relevant jurisprudence from various jurisdictions, including notable cases that have shaped the understanding and application of freedom of expression in human rights law.
In conclusion, this abstract underscores the importance of freedom of expression as a cornerstone of democracy and individual autonomy. It aims to provide a comprehensive overview of the legal implications surrounding this fundamental right, addressing both its protection and the legitimate limitations imposed by human rights law. Understanding these legal implications is vital for policymakers, legislators, judges, and advocates working to foster a robust framework for freedom of expression while safeguarding other fundamental rights and interests in a rapidly evolving global landscape.