Document Type : Article
Authors
1 Assistant Prof., Department of Public Law and International Law, Faculty of Judicial Law, University of Judicial Sciences and Administrative Services, Tehran, Iran
2 Researcher of The Human Rights and International Law Department of The Judiciary Research Institute, Tehran, Iran
Abstract
Freedom of expression means that human beings, due to their inherent dignity, have the right to present rational findings arising from this dignity in the form of speech, writing, artwork, commercial advertising, and so on. Freedom of expression violations by states have led individuals to turn to international institutions to enforce their rights after being failed by domestic judicial institutions. Among international bodies, the European Court of Human Rights and the Human Rights Committee, which have jurisdiction over individual complaints, are able to protect individuals against states. The main question of the present paper is how has freedom of expression been reflected in the jurisprudence of the European Court of Human Rights and the Human Rights Committee? This paper using a descriptive-analytical method and library findings including a review of existing instruments concludes that the jurisprudence of the European Court of Human Rights includes both limited and expansive protection of freedom of expression. Also in the practice of the Human Rights Committee, sometimes due to insufficient evidence, unfair decisions have been made which do not guarantee freedom of expression in a desirable way.
Keywords
- انگلیسی
- A) Books
- Clayton,R and Tomlinson,H, (2000), The Law of Human Rights, First Edition, Oxford, Oxford University Press.
- B) International Cases
- European Court of Human Rights , lingens v austria case, B. No: 2014/12151, K.T. 04.06.2015
- European Court of Human Rights , Şener v. Türkiye Davası, B. NO: 9815/82, K.T. 18.07. 2000
- European Court of Human Rights ,Case of Karataş v. Turkey, B. No: 23168/94, K.T. 08. 07. 1999
- European Court of Human Rights ,Case of Magyar Jeti Zrt v. Hungary /Case Number 11257/16
- European Court of Human Rights ,Case of Sorguç v. Turkey, B. No: 17089/03, K.T. 23.06.2009, 24.12.2018.
- European Court of Human Rights Otto-Preminger-Institute v. Austria, (13470/87) [1994] ECHR 26 (20 September 1994)
- European Court of Human Rights, Case of Janowski v. Poland [1999] ECHR 3; 25716/94; (2000)
- European Court of Human Rights, Case of Tuşalp v. Turkey, B. No: 41617/08, K.T. 21.12.2012
- European Court of Human Rights, Handyside v. United Kingdom, B. No: 5493/72, K.T. 07.12.1976, Decision
- European Court of Human Rights, Müller & others v. Switzerland B. No: 23168/94, K.T. 08.07.1999
- European Court of Human Rights, Sunday Times v. Uk , B. No: 6538/74, K.T. 26.04.1979
- Human Rights Committee, Case of Alrabbasi v. Libya, No. 1860/2009, K.T. 18.07.2014
- Human Rights Committee, Case of K v. Denmark, No. 2393/2014, K.T. 24.07.2015
- Human Rights Committee, Case of kozolv v. Belarus, No. 1949/2010, K.T. 02.04.2015
- Human Rights Committee, Case of M.T v. Uzbekistan, No. 2234/2013, K.T. 24.07.2015
- Human Rights Committee, General Comment No 10: Freedom of expression (art. 19), 29 June1983
- ترکی استانبولی
- A) Books
- Karan, Ulaş, (2013), “İfade Özgürlüğü Hakkı, İçinde İnsan Hakları Avrupa Sözleşmesi ve Anayasa, F ed., Ankara, Avrupa Konseyi
- Özipek, Bekir Berat,(2013), Teorik ve Pratik Boyutlarıyla İfade Hürriyeti,İlk baskı, Ankara, Liberal Düşünce Topluluğu
- Suat, Kamber, (2012), İfade Özgürlüğü, İlk baskı ,Ankara, Başbakanlık İnsan Hakları Başkanlığı Yayınlanmamış Uzmanlık Tezi
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