Libertad de Expresión
Background
1. In keeping with its mandate, the Office of the Special Rapporteur for Freedom of Expression worked throughout the year 2000 to draft the Declaration of Principles on Freedom of Expression.
2. The idea of drafting a Declaration on Freedom of Expression arose out of recognition of the need for a legal framework to regulate the effective protection of freedom of expression in the hemisphere that would incorporate the principal doctrines set forth in different international instruments.
3. Following widespread debate among different civil society organizations, and in support of the Office of the Special Rapporteur for Freedom of Expression, the Inter-American Commission on Human Rights approved the Declaration of Principles on Freedom of Expression at its 108th regular sessions in October 2000. This declaration constitutes a basic document for interpreting Article 13 of the American Convention on Human Rights. Its adoption not only serves as an acknowledgment of the importance of safeguarding freedom of expression in the Americas, but also incorporates international standards into the inter-American system to strengthen protection of this right.
4. The IACHR adopted the declaration recognizing that freedom of expression is essential for the consolidation and development of democracy, and convinced that any obstacle to the free discussion of ideas and opinions limits freedom of expression and the effective development of the democratic process.
5. In late July, the Inter-American Press Association (IAPA) invited the Special Rapporteur to attend a conference entitled Inter-American Declaration on Freedom of Expression, held in Miami. There, the Special Rapporteur participated in a panel on the Declaration of Chapultepec[1] and presented the draft Declaration of Principles on Freedom of Expression to the following civil society organizations: the Carter Center, the Asociación Internacional de Radiodifusión (AIR), CEJIL (Center for Justice and International Law), Americas Watch, Asociación Periodistas, the World Press Freedom Committee and the Committee to Protect Journalists (CPJ) and jurists specializing in freedom of expression. The Declaration received considerable press coverage internationally, and was very well received by international organizations, many of which expressed their support for the document drafted by the Office of the Special Rapporteur.
6. In light of the importance of these principles in the development of respect for freedom of expression, an interpretation of the principles set forth in the Declaration is presented below.