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Articles

RESTRICTING RIGHTS? THE PUBLIC ORDER AND PUBLIC MORALITY LIMITATIONS ON FREE SPEECH AND RELIGIOUS LIBERTY IN UN HUMAN RIGHTS INSTITUTIONS

 

Notes

1. The views expressed in this article are the author's and not necessarily those of the US Commission on International Religious Freedom.

2. The Human Rights Committee was created by the ICCPR. Its members are independent experts who are nominated and elected by the treaty's state parties, but serve in their personal capacities. The Committee reviews and comments on states’ periodic reports required under the ICCPR, issues interpretations (called General Comments) of ICCPR provisions, and responds to complaints (called Communications) against states under the ICCPR's First (Optional) Protocol. It is separate from the UN Human Rights Council (formerly the UN Commission on Human Rights), which is a political body made up of representatives of the governments of UN member states.

3. Public order (ordre public) is also used in the limitations clauses in ICCPR Articles 12 (freedom of movement), 14 (equality before the courts and due process), 21 (freedom of assembly), and 22 (freedom of association).

Additional information

Elizabeth K. Cassidy is Deputy Director for Policy and Research at the US Commission on International Religious Freedom (USCIRF), where she manages USCIRF's annual report process and covers a substantive portfolio that includes UN issues, international law issues, comparative constitutional law, US refugee and asylum policy, and Western Europe. She joined USCIRF's staff in 2007. Ms Cassidy holds a BA from Wesleyan University, a J.D. from American University's Washington College of Law, and an LL.M from the University of Stellenbosch.

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