International

Is this right enshrined in international and regional human rights treaties?

Right	Breakout	Contents
Freedom of Association		Yes. It is protected explicitly in documents such as the Universal Declaration of Human Rights, the European Convention on Human Rights, and the American Convention on Human Rights. Specifically, free association is upheld by Article 11 of the European Convention on Human Rights, which claims, “Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.”Additionally, it is enshrined in Article 20 of the Universal Declaration of Human Rights, which claims “ Everyone has the right to freedom of peaceful assembly and association; No one may be compelled to belong to an association.” In Article 22 of the International Covenant on Civil and Political Rights, the rights to association are specifically outlined, as it upholds “In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” Lastly, The International Labor Organization similarly supports freedom of association in the 1998 Declaration on Fundamental Principles and Rights at Work, which asserts that all members have “freedom of association and the effective recognition of the right to collective bargaining;”
Freedom of Expression		Multiple human rights regimes at both international and regional levels enshrine the universal freedom of expression in their frameworks, in accordance with the other fundamental values that these documents uphold. Although in international documents this freedom relates mostly to the unabridged ability of individuals to express their thoughts and opinions, it also protects media and press institutions that disseminate news and information throughout societies. For European countries, the right to free expression is entitled by Article 10 of the European Convention on Human Rights, though it is not an absolute law. According to the article, freedom of expression can be restricted if it incites crime or jeopardizes natural security, public health, personal reputations or the authority of the judiciary. Additionally, In Africa, both the African Charter on Human and Peoples’ Rights and the Declaration of Principles on Freedom of Expression assure members of the African Union the right to free expression. In Mexico and South America, the American Convention on Human Rights, also referred to as the Pact of San Jose, upholds the right to free expression. Internationally, the United Nations lists numerous treaties that uphold the right to free expression. Most predominantly, the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social, and Cultural Rights (ICESCR), and the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) enshrine the right to free expression. Through these various treaties, freedom of expression is upheld by international law. In the context of international human rights regimes, freedom of expression is guaranteed by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). In both documents, freedom of expression is found under Article 19. In the UDHR, the right is listed as such: “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.” (UN, 2014) Article 19 of the ICCPR is worded very similarly but includes greater specificity, as it explicitly lays out protected ways to consume and impart information, including “...orally, in writing or in print, in the form of art, or through any other media of [one’s] choice.” (OHCHR, 2014) Regional human rights regimes also enshrine freedom of expression in a similar manner. The Organization of American States’ (OAS) Declaration of Principles on Freedom of Expression is composed of 13 articles that lay out protections of the freedom of expression and nuances of those protections in various contexts, including accessing information, censorship, communication freedoms, and privacy aspects. The American Declaration on the Rights and Duties of Man includes the freedom of expression in Article 4, with similar wording to Article 19 of the UDHR and the ICCPR. The African Charter on Human and Peoples’ Rights protects the right to “receive information,” and the right to “express and disseminate [one’s] opinions within the law.” (AU, 1986) This right is also established in the American Convention on Human Rights in Article 13 and is expanded by Article 14. Article 10 of the European Convention on Human Rights consists of two sections, the first echoing the wording of the UDHR and ICCPR, as well. References: American Declaration of the Rights and Duties of Man. Basic Documents - American Declaration. (n.d.). https://www.cidh.oas.org/basicos/english/basic2.american%20declaration.htm. European Convention on Human Rights. https://www.echr.coe.int/. (n.d.). https://www.echr.coe.int/documents/convention_eng.pdf. International Covenant on Civil and Political Rights. OHCHR. (n.d.). https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx. PLC, A. M. B. F. T. (n.d.). African Commission on Human and Peoples' Rights. African Commission on Human and Peoples' Rights Legal instruments. https://www.achpr.org/legalinstruments/detail?id=49. Organization of American States. Declaration of Principles on Freedom of Expression. http://www.oas.org/en/iachr/expression/showarticle.asp?artID=26. 2021. United Nations. (n.d.). Universal Declaration of Human Rights. United Nations. https://www.un.org/en/about-us/universal-declaration-of-human-rights.
Freedom of Religion		Yes, the freedom of religion is protected under several international human rights conventions, treaties, and decrees. This right is protected in article 18 of the UN’s 1948 Universal Declaration of Human Rights, article 18 of the 1966 International Covenant on Civil and Political Rights, and also in the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief (United Nations Human Rights Office of the High Commissioner). The right is also protected by relevant articles within the following conventions and treaties: 1966 International Covenant on Economic, Social and Cultural Rights, the 1969 International Convention on the Elimination of All Forms of Racial Discrimination, the 1989 Convention on the Rights of the Child, the 1981 Convention on the Elimination of All Forms of Discrimination against Women, the 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the 1990 UN International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the 1951 Convention on the Prevention and Punishment of the Crime of Genocide and the 1951 Convention relating to the Status of Refugees. However, despite the writings and workings of all these conventions, treaties, and declarations, freedom of religion is still commonly suppressed in many areas of the world (Janis 2002). There is no effective international supervision of rights to religious freedom and diversity. However, regional European human rights law does in fact have tangible supervision of and consequences regarding the suppression of the freedom of religion. Article 9 of the 1950 European Convention on Human Rights and Fundamental Freedoms protects right to freedom of thought, conscience, and religion. REFERENCES “Global Restrictions on Religion.” Pew Research Center's Religion & Public Life Project, 30 May 2020, www.pewforum.org/2009/12/17/global-restrictions-on-religion/. Human Rights Library- University of Minnesota, hrlibrary.umn.edu/edumat/studyguides/religion.html. “International Religious Freedom Report for 2017.” Wilson Center, www.wilsoncenter.org/article/international-religious-freedom-report-for-2017. “International Standards - Framework for Communications.” OHCHR, www.ohchr.org/EN/Issues/FreedomReligion/Pages/Standards.aspx. Mark Weston Janis, “Religion and International Law.” ASIL, 17 Nov. 2002, www.asil.org/insights/volume/7/issue/13/religion-and-international-law. U.S. Department of State, U.S. Department of State, 2009-2017.state.gov/j/drl/rls/irf/religiousfreedom//index.htm. “You Can Be Put to Death for Atheism in 13 Countries around the World.” Humanists International, 1 Feb. 2019, humanists.international/2013/12/you-can-be-put-death-atheism-13-countries-around-world/.
Freedom of the Press		Multiple human rights regimes at both international and regional levels enshrine the universal freedom of expression in their frameworks, in accordance with the democratic values that these documents uphold. Although in international documents this freedom relates mostly to the unabridged ability of individuals to express their thoughts and opinions, it also protects media and press institutions that disseminate news and information throughout societies. In the context of international human rights regimes, freedom of expression is guaranteed by the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). In both documents, freedom of expression is found under Article 19. In the UDHR, the right is listed as such: “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.” (UN, 2014) Article 19 of the ICCPR is worded very similarly but includes greater specificity, as it explicitly lays out protected ways to consume and impart information, including “...orally, in writing or in print, in the form of art, or through any other media of [one’s] choice.” (OHCHR, 2014) Regional human rights regimes also enshrine freedom of expression in a similar manner. The Organization of American States’ (OAS) Declaration of Principles on Freedom of Expression is composed of 13 articles that lay out protections of the freedom of expression and nuances of those protections in various contexts, including accessing information, censorship, communication freedoms, and privacy aspects. The American Declaration on the Rights and Duties of Man includes the freedom of expression in Article 4, with similar wording to Article 19 of the UDHR and the ICCPR. The African Charter on Human and Peoples’ Rights protects the right to “receive information,” and the right to “express and disseminate [one’s] opinions within the law.” (AU, 1986) This right is also established in the American Convention on Human Rights in Article 13 and is expanded by Article 14. Article 10 of the European Convention on Human Rights consists of two sections, the first echoing the wording of the UDHR and ICCPR, as well. Most of the above documents enshrine press freedoms alongside and within the general freedom of expression. However, two more recent regional frameworks, the Amsterdam Recommendations and the Bishkek Declaration, work to specifically define and protect press freedoms in the context of ever-evolving manifestations of the media. The Amsterdam Recommendations refer to press freedoms in light of the digitization of media and espouses that the freedom of expression be upheld regardless of the “...technical means... used to channel the work of journalists to the public…” (OSCE, Jun. 2003) This human rights regime reaffirms previous declarations made by the OSCE, UN, and OAS in 2001, which laid the foundation for ensuring universal, unlimited access to the Internet and digital frameworks. In light of the heightened possibilities afforded by digitization of media, the Amsterdam Recommendations are split into four focus areas: Access, Freedom of Expression, Education, and Professional Journalism. The Access portion refers to facets of the Internet and its interaction with the freedom of press and expression - this document establishes the Internet as a tool that allows for a “...free media landscape…” to flourish and is thus essential to the public as well as to journalists. (OSCE, Jun. 2003) The Freedom of Expression section acknowledges that the vast degree of usefulness of the Internet allows for increased freedom of expression and access to information, but it is equally susceptible to misuse via criminal exploitation and illicit activity. This section ultimately asserts that freedom to spread and receive information is a basic human right and should be protected from any form of censorship or limitation. Prosecuting and regulating criminal content should therefore only focus on the content itself and not the Internet, which is only a vessel. (OSCE, Jun. 2003) The Education portion refers to fostering computer and Internet literacy, and setting up training tools in schools and for adults so that the role of the Internet is well understood in civil society. (OSCE, Jun. 2003) Finally, the Professional Journalism portion protects private forms of communication as they present a different way of disseminating information than “classic media,” and also maintains that evolving forms of journalism should require the same degree of protection as “classic media.” This section also calls for the creation of a set of standards for journalists to follow, intended to lay out the responsibilities of “professional journalism.” (OSCE, Jun. 2003) The Bishkek Declaration is more related to protecting press freedoms from infringement by government bodies. Central to this human rights regime is the protection of the media’s right to preserve diversity of linguistic, cultural, and ethnic representation, and prohibits the dissemination of hate speech. The declaration also calls for the protection of the media’s role of holding government institutions and officials accountable to the public in both economic and political contexts. This provision is expanded by the fourth and fifth points, establishing the responsibilities of governments toward this goal - governments must ensure unlimited access to sources of public information for journalists of both state and non-state media apparatuses, and also must resolve any harassment of the press. The document also calls for the decriminalization of libel, allowing for the accountability role of the media to be adequately fulfilled. (OSCE, Sept. 2003) The aforementioned international and regional human rights regimes act in conjunction with the Amsterdam Recommendations and Bishkek Declaration to define modern press freedoms, and thereby contribute to the preservation of this fundamental democratic value.   References American Declaration of the Rights and Duties of Man. Basic Documents - American Declaration. (n.d.). https://www.cidh.oas.org/basicos/english/basic2.american%20declaration.htm. Dyer, Andrew. “Freedom of Expression and the Advocacy of Violence: Which Test Should the European Court of Human Rights Adopt?” Netherlands Quarterly of Human Rights, vol. 33, no. 1, Mar. 2015, pp. 78–107, doi:10.1177/016934411503300105. European Convention on Human Rights. https://www.echr.coe.int/. (n.d.). https://www.echr.coe.int/documents/convention_eng.pdf. International Covenant on Civil and Political Rights. OHCHR. (n.d.). https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx. PLC, A. M. B. F. T. (n.d.). African Commission on Human and Peoples' Rights. African Commission on Human and Peoples' Rights Legal instruments. https://www.achpr.org/legalinstruments/detail?id=49. Organization of American States. Declaration of Principles on Freedom of Expression. http://www.oas.org/en/iachr/expression/showarticle.asp?artID=26. 2021. Organization for Security and Cooperation in Europe, The Representative on Freedom of the Media, Amsterdam Recommendations. Freedom of the Media and the Internet. OSCE, Jun. 14, 2003, www.osce.org/files/f/documents/4/a/41903.pdf Organization for Security and Cooperation in Europe, The Representative on Freedom of the Media, Fifth Central Asia Media Conference. Media in Multi-Cultural and Multi-Lingual Societies. OSCE, 2003, www.osce.org/files/f/documents/5/d/42521.pdf United Nations. (n.d.). Universal Declaration of Human Rights. United Nations. https://www.un.org/en/about-us/universal-declaration-of-human-rights.
Privacy Rights		Although there are various regional and international human rights treaties protecting the right to privacy, the International Covenant on Civil and Political Rights (ICCPR), as well as the European Convention for the protection of Human Rights and Fundamental Freedoms (ECHR) are often regarded as the most fundamental and widely respected. Article 17 of the ICCPR states that “no one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence” and Article 19 continues: (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, and (b) For the protection of national security or of public order, or of public health or morals. In his paper “The Privacy Principle,” Frederic Gilles Sourgens claims that ““these two provisions make up the backbone of the human right to privacy” (351), where protection applies to any intrusion of personal information, including thoughts opinions, religious beliefs, health, relationships, and sexual encounters (Sourgens, “Privacy Principle,” 351). The ICCPR supports that the state must inform persons of reason of intrusion in non public spaces, as well as the nature of the information collected, but may intrude “to the extent proportionate with specific threats” (Sourgens, “Privacy Principle,”353). The ICCPR “explicitly distinguishes between the obligations to respect and to ensure human rights, while the ECHR speaks…only of the obligation to secure in the actual text” (Milanovic “Privacy in the Digital Age,” 102). Additionally, Article 2(1) of the ICCPR claims that states are responsible for “all individuals within its territory and subject to its jurisdiction” (Milanovic “Privacy in the Digital Age,” 101). Although there are frameworks within the treaties that support the protection of privacy, there are many limitations to the legislation itself. The primary flaw is that the interpretation of ‘jurisdiction’ and ‘territory’ are contested by states (Milanovic “Privacy in the Digital Age,”101). The common conception is that human rights instruments are purely territorial, however, intelligence programs often operate outside the territory of signatory states (Sourgens, “Privacy Principle,” 353). The International Court of Justice (ICJ) has ruled that “States parties to the Covenant should be bound to comply with its provisions”, (Sourgens, “Privacy Principle,”353) with regional treaties such as the ECHR and American Convention on Human Rights (ACHR) respecting this claim (354). However, many states reject this extraterritorial application of privacy protection, arguing that treaty rights only apply within the sovereign territory of signatory states (Sourgens, “Privacy Principle,” 356). Historically, the US and other states had not expressed a clear view on the territorial scope of ICCPR (Milanovic “Privacy in the Digital Age,” 103), with the US eventually stating that there is a default presumption against extraterritorial application of the treaties in 1995 (Milanovic “Privacy in the Digital Age,”105). Additionally, countries such as China are not a party to the ICCPR or other treaties with privacy protections, and do not have domestic laws to restrict government surveillance powers (Sourgens, “Privacy Principle,” 358). Russia has also attempted to counteract rulings of the European Court using domestic legislation, and France similarly minimized its basic privacy protections after the 2015 mass shootings in Paris (Sourgens, “Privacy Principle,” 358). The COVID-19 pandemic has also placed national surveillance at the forefront, as governments and research institutions use location data to keep track of cases (Zwitter and Gstrein, “Big Data,” 2). Location data is collected through phone network, wifi connections, and satellite based radio navigation (GPS) (Zwitter and Gstrein, “Big Data,” 2). Article 15 of the ECHR was updated in December 2019 to allow states to derogate in situations of: (1) war or other public emergency threatening the life of the nation, (2) taking measures which are strictly required by the exigencies of the situation, and (3) provided that measures are not inconsistent with other obligations under international law (Zwitter and Gstrein, “Big Data,” 3). Data protection and privacy are included in those rights that are subject to derogation during times of crises (Zwitter and Gstrein, “Big Data,”3). Data ownership, such as location tracking, is a matter of contract law and is often included in the terms of use, leaving the legality of the practice to individual consent (Zwitter and Gstrein, “Big Data,” 3). The conclusion that Zwitter and Gstrein come to is that there is a “lack of dedicated legal frameworks to address the use of data in times of political crisis” (Zwitter and Gstrein, “Big Data,”4), therefore allowing for the infringement of privacy rights despite the existence of international and regional treaties. REFERENCES: Sourgens, Frederic Gilles. “The Privacy Principle.” Yale Journal of International Law, 42(2), 345-408, 2017. Milanovic, Marko. “Human rights treaties and foreign surveillance: privacy in the digital age.” Harvard International Law Journal, 56(1), 81-146, 2015. Zwitter, Andrej and Gstrein, Oskar J. “Big data, privacy and COVID-19 – learning from humanitarian expertise in data protection.” Int J Humanitarian Action 5, (4), 2020.