Civil and political rights

Question 1

In what way are the freedoms of thought, expression, association, and assembly closey related civil and political rights?

Answer 1

The guarrantee of each of them is necessary for the enjoyment of the other, and for the excercise of many human rights (ex. right to practice a religion includes a right to publish religious litterature or broadcast religious programs. The freedom of association is also essencial for religious communities to even exist). Even tough these rights are distinct in theory, in practice they are interrelated and interdependent.

Question 2

What are the general criteria that needs to be fulfilled to be able to limit a human right/freedom?

Answer 2

• Legality: it has to be ‘presribed by law’
• Legitimate aim: the limitation must pursue a legitimate aim, on one of the exhaustive grounds given by the particular right/freedom
• necessary in a democratic society: the limitation must correspond to a ‘pressing social need’, be ‘proportionate’ to the legitimate aim pursued, be no less restrictive measure that could be taken
• presumption of freedom: limitation is the exception, and are narrowly construed and convincingly justified

Question 3

Which 3 parts is the ICCPR divided in?

Answer 3

• part one: right to self-determination (collective right)
• part two: general provisions - art. 2 (1) (no progressive rights), art. 2 (3) (right to effective remedy), art. 3 (equal rights of men and women/non-discrimination), art. 4 (derogation)
• part three: substantive provisions (art. 6-27)

Question 4

In what way are freedom of thought, expression, association, and assembly important for a democratic society?

Answer 4

The right to dissent and speak out, the freedom to come together an create associations with a common interest, the freedom to demonstrate are all essential if a democratic society based on participation of its members is to function successfully.

Question 5

What falls under the scope of the freedom of religion or belief?

Answer 5

• all beliefs, also those that do not belive in a religion (atheistic beliefs) are protected (except the cultivation and worship of a narcotic drug is not protected under art. 18 of ICCPR)
• manifestation of religion: worship, observance, practice and teaching
• freedom to change religion of belief
• freedom from coersion, cannot be forced to believe in a certain religion (issue with proselutism?)

Question 6

What is the difference between forum internum and forum externum in art. 18 of ICCPR on the right to freedom of religion when it comes to limitations of the right?

Answer 6

• forum externum: the manifestation of freedom of religion or belief in ‘worship, observance, practice and teaching’ can be limited
• forum internum: the individual’s freedom of thought, conscience, religion, or belief cannot be limited and must be respected by the state unconditionally

Question 7

In what way is freedom of expession the cornerstone of all rights?

Answer 7

• it is essential for the enjoyment of many rights, including economic, social, and cultural rights
• vital freedom for human development, the functioning of democracy, and modern economies
• also inseperable from freedom of thought, association, and assembly

Question 8

What is the difference between the freedom to hold opinions and the freedom of expression in terms of restrictions/limitations?

Answer 8

• you can never restrict the freedom to hold an opinion:everyone is entitled to hold an opinion without interference, and there cannot be any exception or restriction to it
• the freedom of expression is not an absolute right and can be restricted/limited

Question 9

What falls under the freedom of expression (art. 19 of ICCPR)?

Answer 9

• to seek: active and investigative journalism in the public interest
• recieve: a right to be informed, not only views that are favourable, but also those that schock, offend and may be regarded as disturbing
• impart information and ideas of all kinds: all forms of expression is protected, art, written, satire, audio, images