Protecting the right to freedom of expression under the European Convention on Human Rights


Book Description

European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.







The Right to Privacy


Book Description

Reproduction of the original: The Right to Privacy by Samuel D. Warren, Louis D. Brandeis




Government Is Good


Book Description

Why a book defending government? Because for decades, right-wing forces in this country have engaged in a relentless and irresponsible campaign of vicious government bashing. Conservatives and libertarians have demonized government, attacked basic safety net programs like Medicare, and undermined vital regulations that protect consumers, investors, workers, and the environment. This book takes on this anti-government movement and shows that most of its criticisms of this institution are highly exaggerated, misleading, or just plain wrong. In reality, American government - despite its flaws - plays a valuable and indispensable role in promoting the public good. Most government programs are working well and are actually improving the lives of Americans in innumerable ways. Democratic government is a vital tool for making our world a better place; and if we want an America that is prosperous, healthy, secure, well-educated, just, compassionate, and unpolluted, we need a strong, active, and well-funded public sector. Part I: Why Government is Good. The section of the book describes how government acts as a force for good in society. One chapter chronicles a day in the life of an average middle-class American and identifies the myriad ways that government programs improve our lives. Other chapters describe the forgotten achievements of government; how government is the only way to effectively promote public values like justice and equality; and how a free market economy would be impossible without the elaborate legal and regulatory infrastructure provided by government. Part II: The War on Government. This section of the book chronicles the unrelenting assault on government being waged by conservative forces in this country. Chapters describe how cuts in social programs and rollbacks of regulations have harmed the health, safety, and welfare of millions of Americans and how these assaults have taken place on many fronts - in Congress, the administrative branch, and the federal courts, as well as on the state and local level. Also addressed: how the right's radical anti-government agenda is out of touch with the views and priorities of most Americans, and what the real truth is about government deficits. Part III: How to Revitalize Democracy and Government. There are, in fact, some problems with American government, and we need to address these if we are to restore Americans' faith in this institution. One of the main problems with our government is that it is not accountable and responsive enough to the public. Moneyed special interests too often win out over the public interest. Chapters in this section describe this problem and how we can fix it. There are several reforms - including public financing of elections - that could help our government live up to its democratic ideals. The final chapter discusses strategies for building a pro-government coalition in this country.




The Freedom to Read


Book Description




The Human Right to Health (Norton Global Ethics Series)


Book Description

“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.




Freedom's Law


Book Description

Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.




Human Rights


Book Description

Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.




American Government 3e


Book Description

Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.




How Constitutional Rights Matter


Book Description

Does constitutionalizing rights improve respect for those rights in practice? Drawing on statistical analyses, survey experiments, and case studies from around the world, this book argues that enforcing constitutional rights is not easy, but that some rights are harder to repress than others. First, enshrining rights in constitutions does not automatically ensure that those rights will be respected. For rights to matter, rights violations need to be politically costly. But this is difficult to accomplish for unconnected groups of citizens. Second, some rights are easier to enforce than others, especially those with natural constituencies that can mobilize for their enforcement. This is the case for rights that are practiced by and within organizations, such as the rights to religious freedom, to unionize, and to form political parties. Because religious groups, trade unions and parties are highly organized, they are well-equipped to use the constitution to resist rights violations. As a result, these rights are systematically associated with better practices. By contrast, rights that are practiced on an individual basis, such as free speech or the prohibition of torture, often lack natural constituencies to enforce them, which makes it easier for governments to violate these rights. Third, even highly organized groups armed with the constitution may not be able to stop governments dedicated to rights-repression. When constitutional rights are enforced by dedicated organizations, they are thus best understood as speed bumps that slow down attempts at repression. An important contribution to comparative constitutional law, this book provides a comprehensive picture of the spread of constitutional rights, and their enforcement, around the world.