The Right to Freedom of Expression and State's International Responsibility thereof

Although the respect for, and protection and implementation of freedom of expression, as a fundamental human right by states, may be considered a self-evident notion in the viewpoint of some, its realization however, is in fact, incumbent upon principled confirmation, and reasonable and logical justifications. The state’s recognition of the prominent position of freedom of expression, as well as their national and international responsibilities for its protection, can minimize infringements and arbitrary violations of this right. Moreover, the aforementioned restrains the legislator from freely applying limitative measures on this right, unless in the form of an exception to the rule; thereby subjecting such actions to necessary scrutiny and justification such a recognition is achievable in light of awareness and commitments of states to the obligations arising from international treaties, International Customary Laws and Jus Cogens, pertaining to the first generation of Human Rights, i.e. civil and political rights. This article attempts to analyse the subject matter by applying the inductive method. Thus, it first describes the basis of the states’ obligations as enshrined in the international and regional human rights instruments. It then starts reckoning the applicable, legitimate and legal bounds to the right to freedom of expression, and reviews the Human Rights Committee’s General Comments. The article ultimately concludes by clarifying the pillars of states’ international obligations and how the said right is violated.