21.03.2024. » 05:28
OP – ED Freedom of speech and expression by the Article 10. European convention ECHR and its practice in Kosovo
Freedom of expression plays a crucial role in preserving democracy and human rights. The European Court of Human Rights has consistently affirmed this fundamental value in its judgments, emphasizing its importance for maintaining pluralism, public dialogue, and the free exchange of ideas. In its decisions, the Court has often highlighted that freedom of expression is not only the right of authors to disseminate "acceptable" information or ideas but also encompasses the right to express opinions that may cause discomfort or controversy. This particularly applies to political statements and opinions that are of broader significance to society.
Freedom of expression plays a crucial role in preserving democracy and human rights. The European Court of Human Rights has consistently affirmed this fundamental value in its judgments, emphasizing its importance for maintaining pluralism, public dialogue, and the free exchange of ideas. In its decisions, the Court has often highlighted that freedom of expression is not only the right of authors to disseminate "acceptable" information or ideas but also encompasses the right to express opinions that may cause discomfort or controversy. This particularly applies to political statements and opinions that are of broader significance to society.
Moreover, freedom of expression is a fundamental right of every individual and should be protected regardless of the popularity or unpopularity of the expression. This is in line with Article 10 of the European Convention on Human Rights, which protects the right to freedom of expression and opinion. The right to hold opinions is also recognized as an absolute right in the International Covenant on Civil and Political Rights.
However, it is important to note that, although freedom of expression has a broad scope, there is room for limitations in certain situations. The European Convention allows restrictions in cases where it is necessary to protect national security, prevent crime, or safeguard other essential interests of society. These limitations must be clearly defined by law and necessary to achieve a legitimate aim.
In Kosovo, the European Convention on Human Rights holds special significance. The Constitution of Kosovo explicitly recognizes the direct applicability of the Convention in the territory of Kosovo and gives it a higher legal status than domestic law. This means that Kosovo courts must interpret and apply human rights in accordance with the decisions of the European Court, and decisions from Strasbourg bind all institutions in Kosovo. Freedom of expression not only enables individuals to freely express their opinions and ideas but also plays a crucial role in maintaining transparency, accountability, and participation in democratic society. This is particularly important in the context of Kosovo, which is recovering from conflict and striving to build a multi-ethnic and democratic society.
The European Convention on Human Rights occupies a central place in Kosovo's judicial system. Article 22 of the Constitution of Kosovo explicitly gives precedence to the Convention over domestic laws. Additionally, Article 53 of the Constitution of Kosovo directs Kosovo courts to interpret human rights in line with the decisions of the European Court of Human Rights. This recognition of Strasbourg case law obliges all institutions in Kosovo to respect the principles and standards established at the European level regarding human rights.
Given the complex ethnic and political dynamics in Kosovo, freedom of expression can be key to building an inclusive and democratic society. However, there is also a responsibility to protect sensitive inter-ethnic relations and promote peace and stability in Kosovo. This means that freedom of expression must not be abused to spread hatred, violence, or disrespect towards others. As the case of Smajić v. Bosnia and Herzegovina illustrates, limitations on freedom of expression are justified when used to propagate hate or advocate violence against certain ethnic groups.
In light of all this, Kosovo faces the challenge of balancing the protection of freedom of expression and preventing abuses that could jeopardize stability and peace in the territory. This requires careful interpretation and application of the right to freedom of expression, while respecting the rights of all citizens and ensuring that hatred or violence is not incited.
In conclusion, freedom of expression is crucial for democracy and human rights and holds a central place in Kosovo through the implementation of the European Convention on Human Rights. Balancing this right with responsibility towards social cohesion and peace is challenging but necessary for building a democratic and multi-ethnic society in Kosovo.
Bojana Srbljak, Law Graduate
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