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Committee’s opinion cannot be made subject to lawful derogation under article 4”. 3
Freedom of opinion is one such element, since it can never become necessary to derogate
from it during a state of emergency.4
6.
Taking account of the relationship of freedom of expression to the other rights in the
Covenant, while reservations to particular elements of article 19, paragraph 2, may be
acceptable, a general reservation to the rights set out in paragraph 2 would be incompatible
with the object and purpose of the Covenant. 5
7.
The obligation to respect freedoms of opinion and expression is binding on every
State party as a whole. All branches of the State (executive, legislative and judicial) and
other public or governmental authorities, at whatever level – national, regional or local –
are in a position to engage the responsibility of the State party. 6 Such responsibility may
also be incurred by a State party under some circumstances in respect of acts of semi-State
entities. 7 The obligation also requires States parties to ensure that persons are protected
from any acts by private persons or entities that would impair the enjoyment of the
freedoms of opinion and expression to the extent that these Covenant rights are amenable to
application between private persons or entities.8
8.
States parties are required to ensure that the rights contained in article 19 of the
Covenant are given effect to in the domestic law of the State, in a manner consistent with
the guidance provided by the Committee in its general comment No. 31 on the nature of the
general legal obligation imposed on States parties to the Covenant. It is recalled that States
parties should provide the Committee, in accordance with reports submitted pursuant to
article 40, with the relevant domestic legal rules, administrative practices and judicial
decisions, as well as relevant policy level and other sectorial practices relating to the rights
protected by article 19, taking into account the issues discussed in the present general
comment. They should also include information on remedies available if those rights are
violated.
Freedom of opinion
9.
Paragraph 1 of article 19 requires protection of the right to hold opinions without
interference. This is a right to which the Covenant permits no exception or restriction.
Freedom of opinion extends to the right to change an opinion whenever and for whatever
reason a person so freely chooses. No person may be subject to the impairment of any
rights under the Covenant on the basis of his or her actual, perceived or supposed opinions.
All forms of opinion are protected, including opinions of a political, scientific, historic,
moral or religious nature. It is incompatible with paragraph 1 to criminalize the holding of
an opinion.9 The harassment, intimidation or stigmatization of a person, including arrest,
3
4
5
6
7
8
9
2
See the Committee’s general comment No. 29 (2001) on derogation during a state of emergency,
para. 13, Official Records of the General Assembly, Fifty-sixth Session, Supplement No. 40, vol. I
(A/56/40 (Vol. I)), annex VI.
General comment No. 29, para. 11.
General comment No. 24.
See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation
imposed on States parties to the Covenant, para. 4, Official Records of the General Assembly, Fiftyninth Session, Supplement No. 40, vol. I (A/59/40 (Vol. I)), annex III
See communication No. 61/1979, Hertzberg et al. v. Finland, Views adopted on 2 April 1982.
General comment No. 31, para. 8; See communication No. 633/1995, Gauthier v. Canada, Views
adopted on 7 April 1999.
See communication No. 550/93, Faurisson v. France, Views adopted on 8 November 1996.