Right to freedom of opinion and expression.

1991/32. Right to freedom Of opinion and expression

The Commission on Human Rights, Guided by the Universal Declaration of Human Rights, which affirms the right to freedom of opinion and expression, Mindful of 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 states 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 for respect of the rights or reputations of others, or for the protection of national security or of public order (ordre public), or of public health or morals, Mindful also 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 Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1983/32 of 6 September 1983, Recalling its resolutions 1984/26 of 12 March 1984, 1985/17 of 11 March 1985, 1986/46 of 12 March 1986, 1987/32 of 10 March 1987, 1988/37 and 1988/39 of 8 March 1988, 1989/31 of 6 March 1989, 1989/56 of 7 March 1989 and 1990/32 of 2 March 1990, Taking note of the preliminary report on the right to freedom of opinion and expression (E/CN.4/Sub.2/1990/11), submitted to the Sub-Commission at its forty-second session by the Special Rapporteurs, Mr. Louis Joinet and Mr. Danilo Turk, Recalling Sub-Commission decision 1990/117 of 30 August 1990, in which it took note with appreciation of the preliminary report of the Special Rapporteurs and decided to give priority consideration to the updated report of the Special Rapporteurs at its forty-third session, Noting the reference in the preliminary report of the Special Rapporteurs of the link between violations of the right to freedom of opinion and expression and violations of other fundamental rights, such as the rights to liberty, security, life, privacy, peaceful assembly, protection against torture, and freedom of movement and religion, Noting also 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 by the 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, or discrimination against, 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. Also expresses its concern at the extensive occurrence in many parts of the world of detention of, or discrimination against, persons who exercise the intrinsically linked rights to freedom of thought, conscience and religion, of peaceful assembly and freedom of association, and the right to take part in the conduct of public affairs as affirmed in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights;

3. Further expresses its concern at the extensive occurrence in many parts of the world of detention of, or discrimination against, persons who seek to promote and defend these rights and freedoms;

4. Welcomes the release of persons detained for exercising these rights and freedoms and encourages further progress in this regard in all parts of the world;

5. 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 the rights to freedom of thought, conscience and religion, association, and to peaceful assembly, and the right to take part in the conduct of public affairs, or who seek to promote and defend these rights and freedoms and, where any persons have been detained solely for exercising these rights as laid down in the International Covenant on Civil and Political Rights, to release them immediately;

6. Appeals also to all States to ensure that persons seeking to exercise these rights and freedoms are not discriminated against, particularly in such areas as employment, housing and social services, or harassed;

7. Welcomes the intention of the Special Rapporteurs to study in greater detail measures necessary for the strengthening and promotion of the right to freedom of expression, inter alia, the concept of a democratic society, the relationship between the right to freedom of opinion and expression and the right to freedom of association and peaceful assembly and the right to take part in Government;

8. Requests the Secretary-General to provide the two Special Rapporteurs with all necessary assistance,

9. Decides to review the question at its forty-eighth session on the basis, inter alia, of the updated report submitted by the Special Rapporteurs to the Sub-Commission at its forty-third session and any decisions adopted by the Sub-Commission in this regard.

52nd meeting
5 March 1991
[Adopted without a vote. See chap. X.]