Back Updated course on Freedom of Expression available on the HELP platform

Updated course on Freedom of Expression available on the HELP platform

An updated version of the Council of Europe HELP (Human Rights Education for Legal Professionals) course on Freedom of Expression is now available on the HELP online platform.

The course, which was initially developed in 2016, was updated, rebuilt and modernised jointly with the Council of Europe Information Society Department, under the action “Freedom of Expression and Freedom of the Media in South-East Europe (JUFREX)” implemented under the European Union and Council of Europe Joint Programme “Horizontal Facility for the Western Balkans and Turkey II”. A senior lawyer from the Registry of the European Court of Human Rights also contributed to the course update.

 

Background and aim

In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights (ECHR), freedom of expression is of utmost importance. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no democracy.

 

Within the European human rights protection system, freedom of expression is protected under Article 10 of the ECHR. At the same time, freedom of expression can conflict with other rights protected by the ECHR, such as the right to respect for private life, to conscience and religion etc. The conflict may further arise when authorities need to protect the interests or values listed in Article 10, paragraph 2 of the ECHR, such as national security or public health. When such conflict occurs, the European Court of Human Rights (ECtHR) strikes a balance in order to establish the pre-eminence of one right or interest over the other. The balance of the conflicting interests, one of which is freedom of expression, takes into account the importance of the latter.

 

The ECtHR has developed an immense body of case-law in applying Article 10 of the ECHR. In deciding cases which concern freedom of expression, domestic courts are required to apply the standards developed by the ECtHR. In order to do that, they must be well acquainted with the relevant case-law of the ECtHR.

 

This free HELP online course aims exactly at assisting legal professionals, but also other relevant professionals as well as university students, in understanding the European standards concerning freedom of expression and effectively applying Article 10 of the ECHR at the national level.

 

Course structure

The course is composed of 4 substantive modules. The first one provides an introduction to Article 10 of the ECHR and the key principles governing its application. The remaining modules provide an overview of the ECtHR approach when dealing with relevant topics frequently dealt with under Article 10.

The overall length of the course is approximately 9 hours.

Module 1: Introduction and key principles

  • Freedom of expression in International Law
  • Key concepts
  • Restrictions on freedom of expression
  • Positive obligations
  • Abuse of freedom of expression
  • Redress for violations

Module 2:

  • Types of speech protected under Article 10
  • Privacy and defamation

Module 3:

  • Media regulation
  • Freedom of expression online
  • Freedom of expression and elections
  • Protection of sources
  • Information received in confidence

Module 4:

  • Access to information
  • Freedom of expression and protest
  • Freedom of expression and administration of justice
  • Freedom of expression in the workplace
  • Freedom of expression and religion

 

At the end of each module there is a quiz and a summary of the module.

 

At the end of the course, the user which has succesfully passed it can generate and print out the so-called HELP ‘statement of accomplishment’.

 

Access to the course

 

 The updated course is publicly available in English on the HELP online platform. By the end of 2020, it will be available in language versions for Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia.

 

 

*This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ Opinion on the Kosovo Declaration of Independence.

Strasbourg 29 June 2020
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REGIONAL ACTION

 

What is the goal?

 

As part of the Council of Europe Programme for Human Rights Education for Legal Professionals, the Action “HELP in the Western Balkans” contributes to a better protection of fundamental rights at the national and regional level. The overall goal is to help legal professionals - who are at the forefront of the protection of human rights - to gain a better understanding of fundamental human rights standards, and of how to apply these standards in their daily work. The Action involves the National Training Institutions for judges and prosecutors, as well as Bar Associations from the Western Balkans in the broader HELP Network, which covers the 47 member States of the Council of Europe, and beyond.

 

Who benefits from the project?

 

Legal and other (justice) professionals from Albania, Bosnia and Herzegovina, Kosovo*, Montenegro, North Macedonia and Serbia are benefiting from HELP Action, offering a wide range of online courses on various human rights topics. The courses are open to law students/future practitioners via the HELP e-learning platform, can be adapted to local contexts, and tailored for both practitioners and trainers.

 

How will the Action  work?

 

In cooperation with key local actors, HELP develops and implements a variety of online courses focusing on the fundamental human rights for legal and other (justice) professionals. The courses provide high quality and European best practices as they have been developed with leading experts from the Council of Europe, including lawyers from the Registry of the European Court of Human Rights.

The courses are interactive and practical, aiming to enhance practitioners’ knowledge, skills and attitudes in regard to European fundamental human rights standards and how these standards should be applied in concrete situations. The HELP methodologies are easily adapted to Beneficiaries’ legislation & context. The regional dimension provides an opportunity for training institutions to share best practices on human rights methodology. Moreover, it facilitates the regional exchange of knowledge on fundamental rights standards among legal professionals.

 

What do we expect to achieve?

 

The Action ‘HELP in the Western Balkans’ contributes in a more efficient and effective application of fundamental rights standards at the local level by:

  •  enhancing the capacity of legal professionals for an effective and coherent application of European standards for the protection of fundamental human rights in their daily work;
  • strengthening the capacity of local actors such as national training institutions for judges and prosecutors, Bar Associations and universities to provide high quality training in the field.
  •  

How much will it cost?

 

  • the total budget of the Action is 800.000 EUR;
  •  the budget allocated to the overall Horizontal Facility programme amounts to ca. 41 million EUR (85% funded by the European Union, 15% by the Council of Europe).
  •  

How do we get more information?

 

  •  Council of Europe HELP e-learning platform: help.elearaning.ext.coe.int   
  •  Council of Europe Programme for Human Rights Education for Legal Professionals (HELP): website: www.coe.int/help 
  • Horizontal Facility website: https://pjp-eu.coe.int/en/web/horizontal-facility/home 
  •  Marija Simić, Horizontal Facility Communication Officer, [email protected], +381 63 601 337
  • Besnik Baka, Horizontal Facility Communication Officer, [email protected], +355 69 217 8430
HORIZONTAL FACILITY II