Article 10 echr
Article 10 of the European Convention on Human Rights (ECHR) protects the right to freedom of expression, including the freedom to hold opinions and receive and impart information and ideas without interference from public authorities. This right is subject to certain restrictions that are necessary in a democratic society, such as for the protection of national security, public safety, or the prevention of disorder or crime.
8 Key excerpts on "Article 10 echr"
- Erica Howard(Author)
- 2017(Publication Date)
- Routledge(Publisher)
...p.8 1 Freedom of expression and freedom of religion under the European Convention on Human Rights Introduction In this Chapter, the fundamental human right to freedom of expression will be examined and this is followed by an analysis of the right to freedom of religion because both rights may be involved in cases of religious hate speech. Both rights are guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), freedom of expression in article 10 and freedom of religion in article 9. Article 10 echr guarantees freedom of expression, which includes the freedom to hold opinions and the freedom to receive and impart information. Article 10(2) determines that this right can be subject to ‘formalities, conditions, restrictions or penalties’ under certain prescribed circumstances as explained below. Article 9 ECHR can be said to guarantee two different rights: the right to freedom of thought, conscience and religion as well as the right to manifest one’s religion. As explained below, the protection for these two rights is different and restrictions or limitations are only allowed in relation to the right to manifest one’s religion. The circumstances under which limitations or restrictions are allowed are clearly prescribed by Article 9(2) ECHR and will be discussed in this chapter. Both the right to freedom of expression and the right to freely manifest one’s religion can thus be restricted and the circumstances under which this can be done are similar, but there are some differences and these will be examined in this chapter. Article 10(2) ECHR, for example, refers to ‘duties and responsibilities’ on those who exercise their right to freedom of expression, but there is no reference to duties and responsibilities in article 9(2) ECHR. Article 9 ECHR explicitly mentions that the right to freedom of religion includes the right to change one’s religion...
eBook - ePub- Helen Fenwick, Richard Glancey(Authors)
- 2013(Publication Date)
- Routledge(Publisher)
...It also requires an understanding of a number of issues in relation to which political expression can legitimately be curtailed and of the general approach the European Court of Human Rights has adopted to such issues. There is no definitive list and any answer is bound to be selective. The essential matters to be discussed are: the structure of Art 10 of the European Convention on Human Rights (ECHR) ; its general impact under the HRA 1998 ; the main principles governing the approach of the Court of Human Rights to political speech; examples of Art 10 jurisprudence which impact upon circumstances in which political speech is restricted. Answer Structure Common Pitfalls This is such a basic point that it should not really be necessary but experience shows that students often confuse the European Court of Human Rights, which sits in Strasbourg and adjudicates on the European Convention on Human Rights with the entirely separate European Court of Justice, which sits in Luxembourg and adjudicates on European Union law. If you mix up these two courts you create a bad impression. Don’t do it. ANSWER The common law recognises freedom of expression and media freedom as fundamental values capable of influencing the way the law develops and the way judicial discretion, such as in respect of remedies, is exercised. Since the coming into effect of the HRA 1998, Art 10 of the ECHR (‘freedom of expression’) now provides an additional and significant basis for ensuring that speech, particularly political speech, receives proper protection under the law. UK courts’ understanding of Art 10 now influences the way Acts of Parliament are interpreted and it is a standard against which the legality of the actions of public authorities (as defined by s 6 of the HRA) is measured. Art 10 may also influence the way private law develops as the courts give effect to being, themselves, public authorities who are required to act compatibly with the scheduled Convention rights...
eBook - ePub- Richard Glancey(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...It is essential in your answers to take the European Convention on Human Rights (ECHR) into account, especially Art 10, which provides a guarantee of freedom of expression. The Convention was received into UK law when the Human Rights Act 1998 (HRA) came fully into force in October 2000. Until that time, Art 10 and other Convention Articles relevant in this area were not directly applicable in UK courts, but the judiciary referred to the Convention more and more in resolving ambiguity in statutes in the run-up to the inception of the HRA. The HRA has now been in force for over 14 years and a number of significant cases in the field of freedom of expression (such as Prolife Alliance (2003), Ashworth (2002), Interbrew SA v Financial Times Ltd (2002), Punch (2003) and Shayler (2002)) have been decided under the HRA. Whether any particular case is relevant will depend of course on the essay title. Section 3 HRA requires that: ‘So far as it is possible to do so, primary and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.’ Section 3(2)(b) reads: ‘… this section does not affect the validity, continuing operation or enforcement of any incompatible primary legislation.’ This goes beyond the current obligation to resolve ambiguity in statutes. All statutes affecting freedom of expression and media freedom therefore have to be interpreted so as to be in harmony with the ECHR if that is at all possible. Under s 6 of the HRA, Convention guarantees are binding only against public authorities. These are core or functional public authorities (defined as bodies that have a public function – see Chapter 9)...
eBook - ePubThe EU Charter of Fundamental Rights
A Commentary
- Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward, Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward(Authors)
- 2021(Publication Date)
- Hart/Beck(Publisher)
...Many of the limitations on the right to freedom of thought, conscience and religion that will apply to Article 10 will arise from the jurisprudence of the European Court of Human Rights (ECtHR). The explanatory text provided in relation to Article 10 that is quoted above, makes it clear that it is intended to have ‘the same meaning and scope’ as Article 9 ECHR. The jurisprudence of the Strasbourg Court therefore has a key influence on the development of Article 10 within EU law, though in certain areas, most notably the area of discrimination by religious employers to maintain their ethos, EU law is carving out an independent path. B. Interrelationship of Article 10 with Other Provisions of the Charter 10.05 The rights protected by Article 10 have a complex and at times competitive relationship to other articles of the Charter. Sometimes the right to religious freedom and other fundamental rights are mutually reinforcing. Exercising religious freedom involves actions that trigger the protection of other fundamental rights. Freedom of conscience and religion involves the right to express one’s religious beliefs (freedom of expression, Art 11), the right to associate with other believers and form religious organisations (freedom of association, Art 12) and the right to develop a personal religious identity (the right to privacy, Art 7). Freedom of religion may also involve claims to protection from discrimination on grounds of religion (rights to equal treatment and freedom from discrimination, Arts 20 and 21). 10.06 However, this is not always the case and religious freedom can also have a more directly competitive relationship with other fundamental rights than is the case for many of the rights protected by the Charter...
eBook - ePub- Howard Davis(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...The general thrust of the Convention is based on a liberal perspective which would protect speech etc that does not harm others in the sense of not damaging their interests and ability to live their life as they please. On the other hand, Article 10(2) does accept that proportionate interferences with expression can be for ‘the protection of morals’. On issues such as control of pornography, the Court accepts a wide margin of appreciation thus leaving it mainly to states to decide what moral standards should apply with its own role being supervisory. Restrictions of speech which offends on racial or religious grounds may be justified as being for the protection of the ‘rights of others’. The Convention text does not specify what those ‘rights of others’ are. The ECtHR has accepted that they can include rights not to be gratuituously insulted on religious or racial grounds. If the other tests of legality and need are passed, such restrictions can be compatible with Article 10. THE MEDIA It is vital in a democratic society that there is a vigorous and free media. This is fully recognised by the courts, including the ECtHR. The role of the media is: • to make information on public matters available so that citizens can make their choices, and also • to be a ‘watchdog’ acting as a constant check on the behaviour of government and public bodies. But the media can overstep the mark. They may, for example, publish stories which invade a person’s privacy, say something about a defendant prejudicial to the fairness of his or her trial, write a story in such a way that it encourages violence or publish information that really threatens national security ‘Duties and responsibilities’ Article 10(2) (but not Article 11(2)) asserts that the exercise of freedom of expression ‘carries with it duties and responsibilities’. Such a requirement of responsibility can be the basis of laws which restrict media freedom in ways that are compatible with Article 10...
eBook - ePub- Peter Halstead(Author)
- 2014(Publication Date)
- Routledge(Publisher)
...restrictions the European Convention Article 10 and the European Charter Article 11 add to the UN Article 19 definition? 3. Consider the comparative weight to be placed on the ‘formalities, conditions and restrictions’ in ECnHR Article 10(2); are they of equal importance or do you consider there is or should be a hierarchy of factors to be assessed? 8.4 Analysis of ECHR Article 10(1) The basic components of Article 10(1) are: 1. The clear statement that everyone has the right to freedom of expression (wider than and not restricted to freedom of speech). 2. Although the declaration is unqualified, the second sentence elaborates by stating that ‘freedom of expression’ includes: a. holding opinions; and b. receiving and imparting ideas. 3. The basic freedom and the specific elaborations are strengthened by Article 10(1) making it clear that: a. public authorities cannot interfere; and b. frontiers are irrelevant. 4. Article 10(1) introduces the qualification that States shall have the power to license three types of activity: a. broadcasting; b. television; c. cinema enterprises. Figure 8.2 Article 10 criteria The combined effect of Article 10(1) without the third sentence is to provide a wide definition reinforced by reference to holding opinions, receiving and imparting ideas, absence of public authority interference and irrelevancy of...
eBook - ePub- Howard Davis(Author)
- 2013(Publication Date)
- Willan(Publisher)
...10 Freedom of expression DOI: 10.4324/9781843924548-10 10.1 Introduction Freedom of expression is a recognised general principle of English law 1 and its advancement or protection can explain particular decisions or general developments in the law. It can affect the way in which the common law develops, as with defamation; 2 in interpreting statutes, the courts presume that Parliament did not intend to restrict freedom of expression more than it expressly said so, and, through judicial review, it is a principle by which the courts limit the exercise of discretion by officials. 3 The Human Rights Act 1998 turns judicial discretion into a duty. Freedom of expression, in Article 10 echr, is one of the scheduled Convention rights and courts must interpret Acts of Parliament, as far as possible, to achieve compatibility with it and must provide a remedy against a public authority which violates its terms. Freedom of expression is also widely found in international law such as the International Covenant on Civil and Political Rights. As well as being binding in international law, such provisions are part of the underlying influences on English courts as they develop and apply the law. 1 Boyle, A. (1983) ‘Freedom of expression as a public interest in English law’, Public Law, 574. For a recent instance see R v Shayler [2002] UKHL 11; [2002] 2 All ER 477 HL, for cases justified by the ‘democratic society’ defence of free speech. 2 For example, Derbyshire County Council v Times Newspapers [1993] AC 534. The issue is discussed in Chapter 15. 3 In R v Secretary of State for the Home Department ex parte Simms and another [1999] 3 WLR 328 HL, for example, the House of Lords denied, on freedom of expression grounds, the right of the Prison Service to restrict access to journalists by prisoners who were pursuing a case of wrongful conviction. 10.2 Freedom of expression as a value 4 4 Schauer, F. (1982) Freedom of Speech: A Philosophical Inquiry...
eBook - ePub- Hilaire Barnett(Author)
- 2009(Publication Date)
- Routledge-Cavendish(Publisher)
...Judges are elected for a renewable six-year term of office. The European Convention on Human Rights and Fundamental Freedoms The European Convention on Human Rights (the ECHR) protects civil and political (as opposed to economic and social) rights. Some of these rights are absolute, others are subject to restrictions on various grounds. The rights protected are: Article 1 imposes a duty on ‘High Contracting Parties’ to protect the Convention rights of everyone within their jurisdiction; Article 2 provides the right to life; Article 3 is an absolute prohibition against torture, inhuman or degrading treatment; Article 4 prohibits slavery and forced labour; Article 5 provides the right to liberty and security of the person; Article 6 provides the right to fair trial; Article 7 prohibits the retrospective imposition of criminal liability; Article 8 protects the right to private and family life; Article 9 protects freedom of thought, conscience and religion; Article 10 provides for freedom of expression; Article 11 protects the right to freedom of peaceful assembly and association; Article 12 protects the right to marry; Article 13 provides the right to an effective remedy for the violation of rights; Article 14 provides that there should be no discrimination in the enjoyment of the rights listed above. The impact of the Convention prior to the Human Rights Act 1998 The Convention is an agreement under international law. As such, according to British constitutional theory, the Convention could not be directly applied under domestic law without an Act of Parliament to give it effect. Accordingly, the Convention could only have influential effect. Two cases that illustrate this are: R v Secretary of State for the Home Department ex parte Brind (1991). 5 In this case, the Home Secretary had exercised a discretionary power to issue a notice prohibiting the broadcasting of the voices of any person speaking on behalf of a terrorist organisation...
