Question
The Pure Laines association organized in August 2019, Solo, a town located in the center of Kamrand, a march commemorating the memory of Von Boeggels,
The Pure Laines association organized in August 2019, Solo, a town located in the center of Kamrand, a march commemorating the memory of Von Boeggels, a powerful leader of a totalitarian regime that existed in the middle of the 20 century in Europe. Von Boeggels is known for developing an ideology according to which people whose skin appearance was different from his own were fundamental errors of nature, which is "perfect in principle." Also, in his imagination, the execution of a policy of killing these people was the only vocation of any human being concerned with preserving the beauty and purity of nature.
The significant mobilization following the march organized by the association of
Pures Laines was the starting point for the creation of several other associations in neighboring towns, which revived Boeggels' thoughts. Some of them have also committed acts of violence against the so-called fundamental errors of nature, which is in principle perfect, these Others who are not like them.
In response, several complaints were filed by human rights associations against pro-Von Boeggels groups, including Pure Laines, on the grounds that they promote hatred, persecution and contempt for certain people because of their race, color or national or ethnic origin.
However, all courts in Kamrand, from the court of first instance to the Supreme Court, have rejected the complaints of human rights associations. In particular, the Supreme Court of Kamrand considered that penalizing associations which approve of the ideas of Von Boeggels would amount to violating their right to freedom of expression. She also stressed that there was no proof that the acts of violence denounced by human rights associations were the result of instructions given by the Pure Laines association or the new pro-Von Boeggels groups.
Question:
1. Define freedom of expression. 3 points (5 lines maximum)
2. Is freedom of expression an absolute right? Justify your answer. 5 points (10 lines maximum)
3. Was the dissemination of Von Boeggels' ideas by the Pure Laines association made possible thanks to the exercise of another human right? Which ? 2 points (2 lines maximum)
4. You are members of a prestigious international institution responsible for the protection of human rights. You are of the opinion that the decision of the Kamrand courts violates the human rights of the victims.
- What is the human right that seems to you to be violated by the decision of the Kamrand courts? 3 points (2 lines maximum)
- Cite three articles from international human rights law texts that you would use to support your argument? 6 points (15 lines maximum)
- What measures would you prescribe to the state of Kamrand to ensure respect for human rights violated by pro-Von Boeggels groups, including Pure Laines. 6 points (10 lines maximum)
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