Table of Contents

15 Module 1: International and National Guarantees of Freedom of Expression Learning Objectives To understand why it is important to protect freedom of expression To learn the relevant sources of international law governing freedom of expression To examine the scope of protection provided by international guarantees of freedom of expression A. [...] Examples Article 13 of the Convention on the Rights of the Child affirms the protection of freedom of expression for children.7 Article 5 of the Convention on the Elimination of Racial Discrimination calls on States to guarantee the right of everyone, “without distinction as to race, colour, or national and ethnic origin,” to equality before the law in enjoyment of the rights to opinion and expres. [...] This is a general rule of treaty interpretation, articulated in Article 26 of the Vienna Convention on the Law of Treaties, but it also applies specifically to the rights contained in the ICCPR.40 The obligations apply to all State organs, including the executive, legislative and judicial branches, as well as some acts of quasi- State entities.41 While the scope of freedom of expression is broad,. [...] As stated in the United Nations Basic Principles on the Independence of the Judiciary, “members of the judiciary are like other citizens entitled to freedom of expression…provided, however, that in exercising such rights, judges shall always conduct themselves in such a manner as to preserve the dignity of their office and the impartiality and independence of the judiciary.”42 The regional human r. [...] Consequently, the law must indicate with sufficient clarity the scope of any such discretion conferred on the competent authorities and the manner of its exercise.66 The IACtHR has similarly noted that delegations of power are only appropriate if they “are authorised by the Constitution, are exercised within the limits imposed by the Constitution and the delegating law, and that the exercise of th.