28. Decide which of the following statements are true, and correct any statements that are wrong.

a) Criminal conviction is frequently humiliating.

b) Judicial punishment is generally humiliating and degrading and therefore contrary to Article 3.

c) The Court will consider the general context and circumstances to decide if a punishment is degrading.

d) The Manx population consider judicial corporal punishment degrading.

e) In interpreting the Convention, the Court is influenced by the modern penal policy of States belonging to the Council of Europe.

f) Punishment inflicted in private and without publicity is not degrading.

g) Tyrer's punishment was, in all the circumstances, degrading and therefore in breach of Article 3 of the Convention.

29. In the text "The European Convention on Human Rights on p. 31 you considered the kind of human rights that are generally protected by law. Consider the facts of the Tyrer's case in relation to the Attorney General's arguments in the text and decide what you think about breach of Convention in this case. Discuss your ideas with other members of the group.

Section F

Case study

30. Freedom of Expression

Background of Information

Constitution of Ukraine assures human and civil rights, freedoms and obligations in Chapter II, Articles 21-68.

Article 34, in particular, reads: To each citizen freedom is guaranteed for thoughts and words on free expression of the views and persuasions. Everybody has a right to freely collect, keep, use and diffuse information orally, in writing or other way – on choice. Realization of these rights can be limited by a law in the interests of national safety, territorial integrity or public peace with the purpose of prevention of disturbance or crimes for the health protection of population, for defence of reputation or rights of other people, for prevention of disclosure of the information got confidentially or for support of authority and impartiality of justice.

Problem

Freedoms of expression have long been considered the most precious liberties in a political system. To be able to speak freely, disseminating one's views individually or in association with others is essential to the preservation of constitutional democracy. The freedom to express political beliefs openly and without fear or retribution is the foundation of a free society.

Should citizens be permitted to draw pictures of Nazi flags with swastikas and display them in official locations, say at school in a country that suffered greatly from the Nazi during World War II?

We, probably, cannot suppress citizens' expression of their ideas and expect to remain free. Exceptions cannot be made for nasty ideas. Offense of that sort cannot justify prohibiting the display of the symbols in public places.

The history of struggles to defend the freedom of thought and expression teaches that persons must not be silenced because of the moral qualities their views are judged to have.

There should be the freedom of all to hear what anyone wants to express and all to speak in reply.

Task

You are members of the school where children have drawn Nazi symbols. Advance your arguments to the teacher and the children as to prohibition of display of swastikas in our country which doesn't go contrary to Article 34 of the Constitution of Ukraine.

Brainstorming session

1. Are there limits to all civil rights in democratic countries? Give the examples.

2. In what case may a person be denied a civil right?

3. Are civil rights dependent on social, economic and political climate of the country? Give the examples.

4. Do the specific limits of civil rights vary with the times? Say, in time of war.

5. What social and economic conditions may cause changes in the importance that people give certain rights?

6. Could you give some examples of charges of denial of civil rights?

7. Are there any Civil Rights Divisions in the Departments of Justice to enforce civil rights laws and regulations? Could you name them?

Writing

As a member of the school board write a summary of your decision to the Minister of Education expressing your opinion as to which extent should different forms of expression be curtailed to prevent the destruction of the state which would mean the elimination of the very freedoms and rights for which the citizens have fought and died.