International Protection Of Freedom Of Expression

Freedom of expression is a fundamental right of citizen. At the present time, most domestic researches are conducted from the perspective of constitutional law. Research from the perspective of international law mainly focuses on provisions of European Convention of Human Rights. Research focusing on International Covenant on Civil and Political Rights is weaker. Considering China has signed International Covenant on Civil and Political Rights, this dissertation concentrates on the study of relevant provisions on freedom of expression contained in that convention. This dissertation, by reference to practice of the Human Rights Committee, probes into concrete obligations undertaken by contracting countries in respect of freedom of expression in the context of concrete systems created through this convention, such as Derogation system, Conservation System, Report system, Communication System and so on. In the end, this dissertation offers a comparison between Chinese legislation on freedom of expression and relevant provisions stipulated in conventions, proposing suggestions on China's accession into as well as enforcement of International Covenant on Civil and Political Rights in the future. For the purpose of conducting a comparative study, this dissertation also briefs the protection of freedom of expression accorded by the European Convention of Human Rights and the Special Rapporteur System on the promotion and protection of the right to freedom of opinion and expression under the UN human rights protection system. This dissertation comprises 5 chapters. Chapter 1 proposes a definition for freedom of expression on the basis of comparative analysis, and also elaborates the subject, content and scope of freedom of expression and the manner of expression as well, concludes that freedom of expression is a complicated and comprehensive rights. This chapter further discusses the values for freedom of expression and relevant theories, including the Theory of Thought Market and Theory of Autonomy embodied in relevant international human right documents. Chapter 2 analyzes the practice of the Human Rights Committee on the application of laws, giving out main sources for freedom of expression from the perspective of international law. Based on the exploration of the effectiveness of General Comments of Human Rights Committee on freedom of expression, this author draws the conclusion that: General Comments of the Human Rights Committee are authoritative interpretation of the International Covenant on Civil and Political Rights, which is binding on contracting countries. This chapter also discusses the legal status of provisions on freedom of expression contained in Universal Declaration of Human Rights, concluding that Article 18 at least constitutes international customary law, while Article 19 and 20 do not. In addition, this chapter introduces briefly provisions of other universal and regional conventions on freedom of expression. Chapter 3 presents a research on three mechanisms for the international protection of freedom of expression, that is, political mechanism (the Special Rapporteur System on the promotion and protection of the rights to freedom of opinion and expression is the only specialized international protection mechanism on freedom of expression), supervisory mechanism established by means of conventions (Report System and Communication System) conducted by the Human Rights Committee are deemed as "quasi judicial mechanism"), regional protection mechanism (judicial mechanism for the international protection of human right set up by the European Convention of Human Rights). This chapter mainly deals with the supervisory mechanism provided by International Covenant on Civil and Political Rights and this author believes that decisions on communication by the Human RightsCommittee,are binding on contracting countries. Chapter 4 deals with limitation on freedom of expression imposed by international law. This chapter elaborates general and special limitations on freedom of expression under the framework of International Covenant on Civil and Political Rights, especially on the derogation of freedom of expression, practices of contracting countries making reservations of convention and relevant requirements imposed by Human Rights Committee. In addition, this chapter presents an analysis on the principle of proportion on the limitation of freedom of expression. This chapter is aimed to provide a basis for further discussion of chapter 5, which concerns the comparison between limitations on freedom of expression imposed by PRC current legislation on one side and those allowed under the framework of International Covenant on Civil and Political Rights on the other side. Chapter 5 introduces provisions on freedom of expression contained in constitutional documents before PRC comes into existence and also those contained constitutional documents of PRC including Common Creed of Chinese People's Political Consultative Conference, especially elaborates specific provisions on freedom of expression existing in PRC current legislation. This chapter attaches much more importance on the comparison between limitations on freedom of expression imposed by PRC current legislation and those allowed under the framework of International Covenant on Civil and Political Rights. Considering the possibility that PRC might accede to International Covenant on Civil and Political Rights, suggestions on domestic legislation and reservation of the Convention concerning freedom of expression are proposed based on the exploration of the former chapters.