FREEDOM OF EXPRESSION AS PILLAR OF HUMAN RIGHTS

Abstract

The topic addressed systematizes "freedom of expression", a right with a fairly broad applicability and which consists of a conglomerate of rights such as the right to information, the right to receive information, the right to opinion, etc.
The exercise of the right to freedom of expression entails certain duties and responsibilities, which make it possible to impose restrictions and conditions on its exercise, and these interferences must meet three criteria: they must be provided for by law, pursue a legitimate aim, and be necessary in a democratic society, i.e., they must be proportionate to the aim pursued.
Paragraph 2 of Article 10 of the Convention explains the conditions under which interference with the right to freedom of expression is permitted, which may be generated either by the need to protect certain public interests (such as those relating to national security, territorial integrity, public safety, the defense of public safety and the prevention of crime, the protection of public health and morals, and the guarantee of the authority and impartiality of the judiciary), but also to protect certain private interests, such as the reputation and rights of others or the need to prevent the disclosure of confidential information. 
This paragraph basically lets countries take steps to protect those interests, which means getting involved in how people exercise their right to free speech.
States enjoy a margin of appreciation in determining the necessity of such measures in a democratic society, but ultimately it is up to the European Court of Human Rights to rule on the compatibility of the interference with the provisions of the Convention, assessing on a case-by-case basis whether the interference arises from a pressing social need and whether it is proportionate to the aim pursued.
The purpose of the research focuses on a presentation of the right to free expression, through jurisprudence, at national and international level, but it is also a reflection on the need to criminalize insult and slander, in relation to the right to free expression in public space. Moreover, the connection of the right to silence with freedom of expression constitutes a contrast that ensures indisputable guarantees in the procedural framework, in which the defendant, through the presumption of innocence, can invoke non-incrimination.
The objectives of the study follow the statutory aspects of the right to freedom of expression in relation to the connection with other fundamental rights adjacent to this right.