Freedom of Expression in Newly Established Democracies of Eastern Europe: Azerbaijan in Focus
(2007)Department of Law
- Abstract
- This paper examines the freedom of expression in a newly established in Eastern Europe democracy, namely in Azerbaijan. Before reviewing the domestic law of Azerbaijan on freedom of expression, the study touches upon a few important thoughts and statements about the interdependence of freedom of expression and democracy. Afterwards it elaborates international binding as well as non-binding standards on freedom expression. It should be noted that all major human rights treaties constitute this freedom: Article 19 of the International Convention on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights, and Article 9 of the African Charter on Human and Peoples... (More)
- This paper examines the freedom of expression in a newly established in Eastern Europe democracy, namely in Azerbaijan. Before reviewing the domestic law of Azerbaijan on freedom of expression, the study touches upon a few important thoughts and statements about the interdependence of freedom of expression and democracy. Afterwards it elaborates international binding as well as non-binding standards on freedom expression. It should be noted that all major human rights treaties constitute this freedom: Article 19 of the International Convention on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights, and Article 9 of the African Charter on Human and Peoples Rights. Further, the study examines the right to freedom of expression, which is internationally protected under the auspices of the UN Human Rights Committee, the European Court of Human Rights, the Inter-American Court of Human Rights, by dividing it into the right to hold opinions, the right to free expression and the right to freedom of information. The study also shows that application of limitations on freedom expression is strictly supervised by the case-law of the international courts. Thus, there is a three-part test established by the ECtHR and the HRC, which is developed to check justifiability of the limitations applied by States. The American case- law test employed by the US Supreme Court to justify the restricting the right to freedom of expression protected under the First Amendment also has been used in the study. Then the study shifts to the domestic legal framework on freedom of expression, and thus analyzes the freedom of expression law of Azerbaijan. After describing major legislative acts in the relevant field, the study goes on to examine the shortages and gaps in it. The level of protection of freedom of expression in practice also has been observed in the study. At the end of the paper there are recommendations for the improvement of the protection of freedom of expression in the concerned State directed to the Azerbaijani Government, as well as to Intergovernmental Organisations and international and local nongovernmental organisations. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/1555143
- author
- Yusifova, Laman
- supervisor
- organization
- year
- 2007
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- International Human Rights Law
- language
- English
- id
- 1555143
- date added to LUP
- 2010-03-08 15:22:59
- date last changed
- 2010-03-08 15:22:59
@misc{1555143,
abstract = {{This paper examines the freedom of expression in a newly established in Eastern Europe democracy, namely in Azerbaijan. Before reviewing the domestic law of Azerbaijan on freedom of expression, the study touches upon a few important thoughts and statements about the interdependence of freedom of expression and democracy. Afterwards it elaborates international binding as well as non-binding standards on freedom expression. It should be noted that all major human rights treaties constitute this freedom: Article 19 of the International Convention on Civil and Political Rights, Article 10 of the European Convention on Human Rights, Article 13 of the American Convention on Human Rights, and Article 9 of the African Charter on Human and Peoples Rights. Further, the study examines the right to freedom of expression, which is internationally protected under the auspices of the UN Human Rights Committee, the European Court of Human Rights, the Inter-American Court of Human Rights, by dividing it into the right to hold opinions, the right to free expression and the right to freedom of information. The study also shows that application of limitations on freedom expression is strictly supervised by the case-law of the international courts. Thus, there is a three-part test established by the ECtHR and the HRC, which is developed to check justifiability of the limitations applied by States. The American case- law test employed by the US Supreme Court to justify the restricting the right to freedom of expression protected under the First Amendment also has been used in the study. Then the study shifts to the domestic legal framework on freedom of expression, and thus analyzes the freedom of expression law of Azerbaijan. After describing major legislative acts in the relevant field, the study goes on to examine the shortages and gaps in it. The level of protection of freedom of expression in practice also has been observed in the study. At the end of the paper there are recommendations for the improvement of the protection of freedom of expression in the concerned State directed to the Azerbaijani Government, as well as to Intergovernmental Organisations and international and local nongovernmental organisations.}},
author = {{Yusifova, Laman}},
language = {{eng}},
note = {{Student Paper}},
title = {{Freedom of Expression in Newly Established Democracies of Eastern Europe: Azerbaijan in Focus}},
year = {{2007}},
}