Convention for the Protection of Human Rights and Fundamental Freedoms
The European Convention for the Protection of Human Rights and Fundamental Freedoms is a pivotal legal instrument designed to safeguard various fundamental rights and freedoms across European nations. This convention emphasizes the importance of freedoms such as expression, thought, conscience, religion, peaceful assembly, and association, and aims to protect these rights from government violations. Enforced by a commission and a court, the convention facilitates the investigation of alleged rights violations and provides a mechanism for binding judicial decisions.
The court has played a significant role in influencing member states to amend laws that infringe on these freedoms, establishing a framework where freedom of expression is recognized as crucial for democracy and social progress. While the convention allows for certain limitations to these freedoms—primarily for reasons related to public safety, health, and morality—the court is vigilant in defending the expression of diverse viewpoints, including those that may be deemed offensive or controversial. Notably, it has upheld the rights of media and individuals to discuss public matters and criticize officials, while also delineating boundaries for protecting against slander and libel. This legal framework thus supports a dynamic discourse essential for democratic societies, while also recognizing the need for responsible regulation in specific contexts.
Convention for the Protection of Human Rights and Fundamental Freedoms
Date: Signed 1950; came into force 1953
Place: Europe
Significance: This international declaration in favor of free speech has become law in many Western European nations
The European Convention for the Protection of Human Rights and Fundamental Freedoms was drafted to protect freedom of expression, thought, conscience, religion, peaceful assembly, association, and a number of other freedoms from violation by governments. The convention is law in most European countries.
A commission and a court were created to enforce the convention. The commission investigates violations and tries to get the parties involved to settle the dispute. If no settlement can be reached, the case is often referred to the court for a binding determination. Court decisions are final and have the force of law in the European signatory countries.
The court has been successful in getting various European governments to change laws which violate the freedoms supported by the convention. It has said that freedom of expression is an essential foundation of a democratic society, and a basic condition for social progress and individual development. Such freedom is based on concepts of pluralism, tolerance, and broadmindedness, and covers even speech that offends, shocks, or disturbs the government or any sector of a country’s population.
The convention allows governments to limit freedom of expression if it is necessary in a democratic society. Grounds for such limitations are public safety, prevention of crime, protection of health and morals, protection of reputations, and maintenance of the authority of the judiciary.
The court has been particularly careful to extend freedom of expression to such areas as artistic expression and debate on public issues and political affairs. It struck down an order prohibiting a newspaper from printing an article about a court case, even though the article might have made the trial more difficult. Another newspaper was allowed to portray a high government official as undignified and immoral in handling a political issue. Laws regulating advertising have also been struck down as interfering with freedom of expression.
Obscenity is more likely to be subject to government regulation. Books containing material judged to be obscene can be severely regulated or even banned when directed to children and teenagers. Public displays of obscene artistic works can also be regulated or banned.
Any forms of speech that amount to slander or libel are not protected if they are false and they damage the persons attacked. Speech may be subject to greater protection if made against a high political official.