Universal Declaration of Human Rights (1948)
Within the Universal Declaration of Human Rights, the General Assembly of the United Nations proclaimed the:
- Right to privacy: Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
- Right to freedom of opinion and expression: Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
International Convention on the Elimination of All Forms of Racial Discrimination (1965)
The resolution 2106 (XX) of 21 December 1965 adopted by General Assembly was signed by the Co-operative Republic of Guyana on 11 December 1968 and ratified on 15 February 1977.
- Article 5: In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: […](d) Other civil rights, in particular:
[…](viii) The right to freedom of opinion and expression;
International Covenant on Civil and Political Rights (1966)
On 15 February 1977 the Co-operative Republic of Guyana ratified the resolution 2200A (XXI) of 16 December 1966 adopted by the General Assembly.
- Article 19 1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
- Article 20 1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
American Declaration of the Human Rights and the duties of the Man(1948).
Adopted in 1948 by the Ninth International Conference of American States, in Bogotá, the American Declaration of the Human Rights and the duties of the Man states:
Article IV. Right to freedom of investigation, opinion, expression and dissemination.
“Every person has the right to freedom of investigation, of opinion, and of the expression and dissemination of ideas, by any medium whatsoever.”
Declaration of Principles on Freedom of Expression (Washington, DC, October 2000)
The Declaration of Principles on Freedom of Expression states thirteen articles to protect Freedom of Expression. As read in the website of the Inter-American Commission on Human Rights: "After an extensive debate with various civil society organizations, the Commission adopted this declaration, based on a proposal prepared for by the then newly established Special Rapporteurship on Freedom of Expression. This Declaration includes principles related to the protection of the right to freedom of expression, in light of the interpretation of Article 13 of the American Convention and international standards. It includes the following principles: the right to seek, receive, and disseminate information and opinions freely; the right of every person to have access to information about himself or herself, or his or her assets, expeditiously and not onerously, whether in public or private records; the stipulation that prior censorship, interference, or direct or indirect pressure that restricts the right to freedom of expression should be prohibited by law; principles related to the plurality and diversity of media; among others."
For more information on the background and Interpretation of the Declaration of Principles on Freedom of Expression, click here
Inter-American Democratic Charter
Adopted by the General Assembly at its special session held in Lima (Peru), the 11 September 2001 the Inter-American Democratic Charter states:
I - Democracy and the Inter-American System
"Transparency in government activities, probity, responsible public administration on the part of governments, respect for social rights, and freedom of expression and of the press are essential components of the exercise of democracy.[…]"
Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas
The Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas has been approved by the Inter-American Commission during its 131st regular period of sessions, held from March 3-14, 2008.
Principle XVI - Freedom of expression, association and reunion
"Persons deprived of liberty shall have the right to freedom of expression in their own language, association, and peaceful assembly, subject to the limitations that are strictly necessary in a democratic society to protect the rights of others or public health or morals, and maintain public order, internal security, and discipline in places of deprivation of liberty, as well as subject to other limitations permitted by law and international human rights law."
For more information about the jurisprudence on Freedom of Expression of the inter-American human rights system click here
Terrorism and Freedom of Expression
The following report on Terrorism and Freedom of Expression is part of the Report on Terrorism and Human Rights published by the Inter-American Commission on Human Rights on October 22, 2002.
The Constitution of the Co-operative Republic of Guyana protect freedom of expression through:
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
40. Fundamental rights and freedoms of the individual.
(1) Every person in Guyana is entitled to the basic right to a happy, creative and productive life, free from hunger, disease, ignorance and want. That right includes the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely ––
(a) life, liberty, security of the person and the protection of the law.
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation.
(2) The provisions of Title 1 of Part 2 shall have effect for the purpose of affording protection to the aforesaid fundamental rights and freedoms of the individual subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others in the public interest.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Article 146. Protection of freedom of expression.
(1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, that is to say, freedom to hold opinions without interference, freedo m to receive ideas and information without interference, freedom to communicate ideas and information without interference and freedom from interference with his correspondence.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision ––
(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health;
(b) that is reasonably required for the purpose of protecting the reputation, rights, and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventi ng the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless broadcasting or television, or ensuring fairness and balance in the dissemination of information to the public; or
(c) that imposes restrictions upon public officers or officers of any corporate body established on behalf of the public or owned by or on behalf of the Government of Guyana.Back to top