Echr article 10: how does the protection work

Area 12 – Scienze giuridiche

Article 10 of the Convention of Human Rights plays a major role in protecting Freedom of Expression in the framework of the Member States of the Council of Europe. The scope of Article 10 covers both receiving and imparting information and artistic expressions, as like as needs the respondent State to fulfil positive obligations. It's not an absolute right, like for instance Right to Life (Article 2) or Prohibition of Torture (Article 3). This means that very often the liberty enshrined by Article 10 needs to be balanced with other not absolute rights within the Convention, namely the Right to respect for Private and Family Life (Article 8), the Freedom of Religion (Article 9) and the Freedom of Assembly and Association (Article 11). The peculiar mechanism of protection of Freedom of Expression, trough the doctrine of Margin of appreciation, is well explained by recent landmark judgements. This contribution takes such findings into account, and models on them three hypothetical cases in the last three chapters.

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