An Appraisal On Sri Lanka’s Freedom Of Opinion And Expression With Special Reference To General Comments No. 34 Of ICCPR
- May 18, 2021
- Posted by: rsispostadmin
- Categories: IJRISS, Law, Social Science
International Journal of Research and Innovation in Social Science (IJRISS) | Volume V, Issue IV, April 2021 | ISSN 2454–6186
G.P.D. Madhushan
Attorney-at-Law, Lecturer (Probationary), Department of Private and Comparative Law, Faculty of Law, University of Colombo
Abstract
Human rights are inherent to all human beings and they are primarily standing on protecting human dignity. Among the other human rights, freedom of opinion and expression plays a vital role in order to realization of other human rights effectively and more meaningfully. The ICCPR as the main treaty-based mechanism of civil and political rights, general comments on No. 34 is highly important with regard to the effective realization of Freedom of opinion and expression in the domestic level protection of a country. It is very important to ensure the freedom of expression in order to uphold the foundation of the free and democratic values of any society. The Sri Lankan perspective on ensuring this right is highly debatable with regard to its operationalization and application when it comes to the practical situations. Though this right is protected as fundamental right in Sri Lanka, many restrictions are arbitrarily imposed beyond the protection of constitutional safeguard and all the situations of state intervention were justified with the whims and fancies of the authority. This approach is evident by several incidents occurred in the country during the very recent past. The adherence to General comments No.34 is fairly treat on safeguarding inappropriate restrictions of freedom of expression by state party. Therefore, this paper examines the importance of adherence to the general comments no. 34 with regard to the effective realization of freedom of expression based on present stance of Sri Lanka. Further, the author applies and analyzes the drawbacks of Sri Lanka’s situation of undermining the importance of freedom of expression.
Keywords: Freedom of Expression, ICCPR, Compliance to International standards, Sri Lankan Situation
Introduction
Human rights derive from the inherent dignity of the human person. They are undeniable and inalienable rights which the international community recognizes as belonging to all individuals by the very fact of their humanity. Therefore, inherent dignity of humans is focal point and crucial factor of granting recognition, enforcement and realization of human rights.
The origin of human rights and human rights law has different perspectives while providing the enforcement of human rights. Many religions, customs, philosophical and revolutionary movements caused give the validity and enforcement of human rights. The human rights law originated after the insufficiency of enforcing human rights
