Freedom of opinion and expression in the ICCPR Human Rights Committee’s General Observation No. 34

Abstract

In 2011 the Human Rights Committee brought out General Comment No. 34 on the right to freedom of opinion and expression. This article explores the content of this document by first evaluating the way in which the Committee interprets the positive sphere of freedom of expression to then analyze in detail the way in which the negative sphere (or legitimate restrictions of this right) is dealt with –specifically the concept of law used by the Committee along with the content of the concepts of national security, public order and public morals. Taking into account the debates held during the discussion of this General Comment and comparing the standards it sets with those set by other human rights protection systems –particularly the Inter-American system– the article concludes that this new General Comment does not push any boundaries but rather it reaffirms the existing standards on freedom of expression that have already been set in the universal human rights protection system.