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Comparison with Related Human Rights Provisions

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Chapter Summary

Freedom of expression is guaranteed in international law as well as regional human rights treaties and it is widely guaranteed in many of the world's constitutions. The difference between Article 13 of the CRC and parallel provisions in other instruments can best be described by the formal and literal structure of the relevant guarantees. The African Charter of Human and Peoples' Rights, adopted in 1981 protects freedom of conscience and 'free practice of religion' in Article 8 and the right of every individual to receive information in Article 9(1) and subsequently in Article 9(2) to express and disseminate his opinions within the law. Freedom of opinion, according to the drafters, was a purely private matter, belonging to the realm of the mind, while the latter was a public matter, or a matter of human relationship, which should be subjected to legal as well as moral restraint.

Keywords: CRC; freedom of expression; human rights provisions; international law

10.1163/ej.9789004148680.i-53.8
/content/books/10.1163/ej.9789004148680.i-53.8
dcterms_subject,pub_keyword
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