Right to freedom of expression and opinion.

1986/46. Right to freedom of expression and opinion[1]135

The Commission on Human Rights, Guided by the Universal Declaration of Human Rights, which affirms the right to freedom of opinion and expression, Bearing in mind the International Covenant on Civil and Political Rights which reaffirms, in article 19, the right of everyone to hold opinions without interference, as well as the right to freedom of expression, and that the exercise of the right to freedom of expression carries with it special duties and responsibilities and may therefore be subject to certain restrictions, but that 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 public order (ordre public), or of public health or morals, Bearing in mind that the International Covenant on Civil and Political Rights states that any propaganda for war or any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law, Taking note of resolution 1983/32 of 6 September 1983 of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, Recalling its resolutions 1984/26 of 12 March 1984 and 1985/17 of 11 March 1985, Considering that the effective promotion of the human rights of persons who exercise the right to freedom of opinion and expression is of fundamental importance,

1. Expresses its concern at the extensive occurrence in many parts of the world of detention of persons who exercise the right to freedom of opinion and expression as affirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

2. Appeals to all States to ensure respect and support for the rights of all persons who exercise the right to freedom of opinion and expression and, where anyone has been detained solely for exercising the right to freedom of opinion and expression as laid down in the International Covenant on Civil and Political Rights, to release him immediately;

3. Affirms that further measures may be required at national and international levels to ensure the respect of the right to freedom of expression and opinion;

4. Calls upon States that have not yet done so to take steps to allow the full realization of the right to freedom of opinion and expression in their territory;

5. Decides to review this matter at its forty-third session with a view to promoting respect for the right to freedom of opinion and expression.



[1]135 Adopted at the 54th meeting, on 12 March 1986, without a vote. See chap. X, para. 212.
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