Right to freedom of expression and opinion.

1988/37. Right to freedom of expression and opinion

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 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, or (b) for the protection of national security or of public order (order 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, 1985/17 of 11 March 1985, 1986/46 of 12 March 1986 and 1987/32 of 10 March 1987, Welcoming releases of persons detained for exercising their right to freedom of opinion and expression and encouraging further progress in this regard in all parts of the world, Noting the importance and relevance to the protection of the right to freedom of opinion and expression of work being undertaken on the drafting of a declaration on the right and responsibility of individuals, groups and organs of society to promote and protect human rights, and welcoming the progress achieved to that end at the current session of the Commission's working group on the subject, 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 to the safeguarding of human dignity,

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 any persons have 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 them immediately;

3. Requests the Sub-Commission on Prevention of Discrimination and Protection of Minorities to continue to consider, within the framework of its mandate, the right to freedom of opinion and expression as laid down in the International Covenant on Civil and Political Rights, and to make recommendations to The Commission on Human Rights at its forty-fifth session on further measures which may be required at national and international levels to promote and safeguard this right;

4. Decides to review this matter at its forty-fifth session on the basis, inter alia, of the recommendation of the Sub-Commission and all other relevant information with a view to promoting respect for the right to freedom of opinion and expression.

52nd meeting
8 March 1988
[Adopted without a vote. See chap. X.]