David Kaye (law professor)

Last updated
David Kaye
UN Special Rapporteur David Kaye (freedom of opinion and expression) speaks during the June 16 side event "Religion Meets Rights" organized by FORUM-ASIA (cropped).jpg
Kaye in May 2015
UN Special Rapporteur on Freedom of Expression
Assumed office
August 2014
Preceded by Frank William La Rue

David Kaye is the current United Nations special rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, a post he has held since August 2014. [1] He is clinical professor of law at the University of California, Irvine on public international law, international humanitarian law human rights and international criminal justice. [2] [3]

Related Research Articles

The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNOHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights.

Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life - and thus [represents] one of the key issues for democracy." The extent of freedom indispensable to create art freely differs regarding the existence or nonexistence of national instruments established to protect, to promote, to control or to censor artists and their creative expressions. This is why universal, regional and national legal provisions have been installed to guarantee the right to freedom of expression in general and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations Special Rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor Freemuse on an annual basis.

United Nations Human Rights Council United Nations body whose mission is to promote and protect human rights around the world

The United Nations Human Rights Council is a United Nations body whose mission is to promote and protect human rights around the world. The UNHRC has 47 members elected for staggered three-year terms on a regional group basis. The headquarters of UNHRC is in Geneva, Switzerland.

United Nations special rapporteur United Nations title

Special rapporteur, independent expert, and working group member are titles given to individuals working on behalf of the United Nations (UN) within the scope of "special procedure" mechanisms who have a specific country or thematic mandate from the United Nations Human Rights Council. The term "rapporteur" is a French-derived word for an investigator who reports to a deliberative body.

The office of the Special Rapporteur on Freedom of Expression of the Organization of American States (OAS) was established by the Inter-American Commission on Human Rights (IACHR) in 1997 to monitor OAS member states' compliance with the American Convention on Human Rights in the area of freedom of expression.

Digital rights the human rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, or communications networks

Digital rights are those human rights and legal rights that allow individuals to access, use, create, and publish digital media or to access and use computers, other electronic devices, and telecommunications networks. The concept is particularly related to the protection and realization of existing rights, such as the right to privacy and freedom of expression, in the context of digital technologies, especially the Internet. The laws of several countries recognize a right to Internet access.

Aiyathurai Nadesan Sri Lankan journalist

Aiyathurai Nadesan, a prominent and veteran minority Sri Lankan Tamil journalist was shot dead on May 31, 2004 on his way to work in eastern Sri Lankan town of Batticaloa by gunmen belonging to an armed paramilitary group widely believed to be so called Karuna Group.

James Anaya Human rights professor

Stephen James Anaya is an American lawyer and the 16th Dean of the University of Colorado Boulder Law School. He was formerly the James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona's James E. Rogers College of Law and previously served for more than ten years on the faculty at the University of Iowa College of Law. In March 2008, he was appointed by the United Nations as its Special Rapporteur on the situation of the human rights and fundamental freedoms of indigenous people, replacing Rodolfo Stavenhagen. He was elected a Member of the American Philosophical Society in 2019.

Martin Scheinin Finnish lawyer

Martin Scheinin was the first United Nations Special Rapporteur on human rights and counter-terrorism in 2005–2011. He was selected for this position after serving for eight years (1997–2004) as member of the United Nations Human Rights Committee, the independent expert body monitoring states' compliance with the International Covenant on Civil and Political Rights. While on the Committee, he was known as a defendant of the rights of minorities and indigenous peoples and opponent of capital punishment, as well as the drafter of the Committee's General Comment No. 29 on states of emergency.

The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity, published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The Principles were supplemented in 2017, expanding to include new grounds of gender expression and sex characteristics, and a number of new principles.

Defamation of religion is an issue that was repeatedly addressed by some member states of the United Nations (UN) from 1999 until 2010. Several non-binding resolutions were voted on and accepted by the UN condemning "defamation of religion". The motions, sponsored on behalf of the Organization of the Islamic Conference (OIC), now known as the Organisation of Islamic Cooperation, sought to prohibit expression that would "fuel discrimination, extremism and misperception leading to polarization and fragmentation with dangerous unintended and unforeseen consequences". Religious groups, human rights activists, free-speech activists, and several countries in the West condemned the resolutions arguing they amounted to an international blasphemy law. Critics of the resolutions including human rights groups argued that they were used to politically strengthen domestic anti-blasphemy and religious defamation laws, which are used to imprison journalists, students and other peaceful political dissidents.

The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.

Frank William La Rue Guatemalan lawyer and civil liberties advocate

Frank La Rue is a Guatemalan labor and human rights law expert and served as UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, from August 2008 to August 2014. Along with American Human Rights attorneys, Anna Gallagher and Wallie Mason, Mr. La Rue is the founder of the Center for Legal Action for Human Rights (CALDH) and has been involved in the promotion of human rights for over 25 years. He was nominated for the 2004 Nobel Peace Prize by Mairead Corrigan, Northern Irish peace activist and 1976 laureate. Mr La Rue was previously the Executive Director of Robert F. Kennedy Human Rights Europe. He currently serves as Assistant Director-General for Communication and Information at UNESCO.

Human rights in Fiji

Fiji is an island nation in Melanesia in the South Pacific Ocean with a population of approximately 849,000. It is made up of Fijians, Indo-Fijians, Europeans, Chinese, other Pacific islanders, and people of mixed racial descent. Fiji has been in a state of political unrest since their independence from Britain in 1970.

Yozo Yokota was a professor of Law who acted as the United Nations Special Rapporteur on the Situation of Human Rights in Myanmar from 1992 to 1996.

The International Principles on the Application of Human Rights to Communications Surveillance(also called the "Necessary and Proportionate Principles" or just "the Principles") is a document which attempts to "clarify how international human rights law applies in the current digital environment". Communications Surveillance(Mass Surveillance of Communication) conflicts with a number of International Human Rights, mainly that of Privacy. As a result,Communications Surveillance may only occur when prescribed by law necessary to achieve legitimate aim, and proportionate to the aim used.

Agnès Callamard human rights activist

Agnès Callamard is a French Human Rights expert and Special Rapporteur on extrajudicial, summary or arbitrary executions at the Office of the United Nations High Commissioner for Human Rights (OHCHR). She is also the Director of Columbia University's Global Freedom of Expression project.

The Centre for Law and Democracy is a Canadian-based non-governmental organisation that works internationally to promote fundamental rights for democracy, with an emphasis on freedom of expression, freedom of association, the right to information and Digital rights.

Saleh al-Ashwan is a member of the Saudi Civil and Political Rights Association, an organization that has advocated for the release of political prisoners and greater respect for human rights in Saudi Arabia and that was banned in March 2013. Saudi authorities arrested al-Ashwan in July 2012 for defending women's rights and held him without trial or access to lawyers for nearly four years, while confiscating his electronic devices. During his first two months of detention he was held incommunicado and Saudi activists allege that he was tortured, beaten, as well as stripped and suspended by his limbs from the ceiling of an interrogation room. In 2016 a Saudi court sentenced al-Ashwan to five years in prison and a five-year ban on travel abroad. He is currently held in al-Ha’ir prison south of Riyadh. Due to these abuses, he is considered to be a prisoner of conscience by Amnesty International.

Journalists rely on source protection to gather and reveal information in the public interest from confidential sources. Such sources may require anonymity to protect them from physical, economic or professional reprisals in response to their revelations. There is a strong tradition of legal source protection internationally, in recognition of the function that confidential sources play in facilitating 'watchdog' or 'accountability' journalism. While professional journalistic practice entails multi-sourcing, verification and corroboration, confidential sources are a key component of this practice. Without confidential sources, many acts of investigative story-telling—from Watergate to the major 2014 investigative journalism project Offshore Leaks undertaken by the International Consortium of Investigative Journalists (ICIJ)—may never have surfaced. Even reporting that involves gathering opinions in the streets, or a background briefing often relies on trust that a journalist respects confidentiality where this is requested.

References

  1. "Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression". Office of the United Nations High Commissioner for Human Rights . UN.
  2. "David Kaye: Clinical Professor of Law". UC Irvine.
  3. Jazi, Mo. "How a Westlake High School grad became U.N. human rights expert". Ventura County Star . Archived from the original on August 22, 2019. Retrieved August 22, 2019.