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)
Antigua and Barbuda succeded to the resolution 2106 (XX) of 21 December 1965 adopted by General Assembly on 25 October 1988.
- 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;
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 Antigua and Barbuda Constitutional Order 1981 guarantees Freedom of Expression through:
Article 12 - PROTECTION OF FREEDOM OF EXPRESSION INCLUDING FREEDOM OF THE PRESS
- Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression.
- For the purposes of this section the said freedom includes the freedom to hold opinions without interference, freedom to receive information and ideas without interference, freedom to disseminate information and ideas without interference (whether the dissemination be to the public generally or to any person or class of persons) and freedom from interference with his correspondence or other means of communication.
- For the purposes of this section expression may be oral or written or by codes, signals, signs or symbols and includes recordings, broadcasts (whether on radio or television), printed publications, photographs (whether still or moving), drawings, carvings and sculptures or any other means of artistic expression.
- Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision
- that is reasonably required-
- in the interests of defence, public safety, public order, public morality or public health; or
- for the purpose of protecting the reputations, rights and freedoms of other persons, or the private lives of persons concerned in legal proceedings and proceedings before statutory tribunals, preventing the disclosure of information received in confidence, maintaining the authority and independence of Parliament and the courts, or regulating telephony, posts, broadcasting or other means of communication, public entertainment's, public shows; or
- that imposes restrictions upon public officers that are reasonably required for the proper performance of their functions,
- and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.Back to top