Human Rights and English law (LLB), Discuss why it is that freedom of Essay

Human Rights and English law (LLB), Discuss why it is that freedom of expression is widely considered to be a fundamental human right, and the extent, if any, t - Essay Example ring protection is not questioned, the degree of immunity accorded to it is a frequently debated issue insofar as restrictions regarding its protection are concerned, challenging its character as a fundamental right. Given the issues surrounding the freedom of expression, this essay will therefore argue that the freedom of expression is a fundamental human right, whose protection, although guaranteed, is not absolute such that restrictions must be placed to ensure that its exercise is in accordance with the laws of the land and the responsibilities required of citizens. The freedom of expression is recognised as among the â€Å"human rights and fundamental freedoms [that are] the birthright of all human beings† (cited in Smith, 2004, p. 1). Its fundamental character lies in its significance as a pillar of democratic society, and as a human right intimately connected with the exercise of individual life and liberty. As illustrated in Handyside v. United Kingdom1, the â€Å"[f]reedom of expression constitutes one of the essential foundations of [a democratic] society, one of the basic conditions for its progress and for the development of every man†, such that its protection is extended â€Å"not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population.† Hence, freedom of expression is a fundamental right, whose exercise is necessary for citizens to par ticipate in the democratic process and the functioning of society (Stone, 2004, p.1). On the other hand, the freedom of expression is also a human right whose exercise directly affects other fundamental human rights as recognised by the ECHR. Whereas Article 9 of the ECHR recognises the freedom of religion, the exercise of such freedom is incomplete if individuals are restricted in their expression of religious beliefs. Freedom of expression is therefore