Freedom - definition
Liceo “C. Bocchi” Adria
- Italy
Freedom
This term is used to describe various types of
individual freedom, such as religious liberty, political liberty, freedom of
speech, right of self-defense, and others. It is also used as a general term
for the sum of specific liberties. Fundamental perhaps is personal liberty, the
freedom of a person to come and go as he or she pleases without unwarranted
restraint.
National
official documents
1)
United States Declaration of Independence 4th
July, 1776
We hold these truths to be
self-evident, that all men are created equal, that they are endowed by their
Creator with certain
unalienable Rights, that among these are
Life, Liberty, and the pursuit of Happiness.
This article is about a famous phrase.
"Life,
liberty, and the pursuit of happiness " is one of
the most famous phrases in the
United States Declaration of Independence.
2)
George Mason, in the
Virginia
Declaration of Rights (1776) rephrased it as: "That all men are by nature
equally free and independent and have certain inherent rights, ... namely the
enjoyment of life and liberty, with the means of acquiring and possessing
property, and pursuing and obtaining happiness and safety." The fact that
this document was approved in Virginia just days before the Second Continental
Congress met indicates that Jefferson was very much influenced by it.
3) This motto is comparable to "liberté,
égalité, et fraternité" (liberty, equality and fraternity) in France (1789).
4) The phrase can also be
found in President Ho Chi-minh's 1945 declaration of independence of the
Republic of Vietnam
5) and in Chapter III, Article
13 of the
1947 Constitution of Japan.
6) Italian Republic Constitution (1948):
Art. 3
All citizens have equal
social dignity and are equal before the law, without distinction of sex, race,
language, religion, political opinion, personal and social conditions. It is the duty of the Republic to remove those
obstacles of an economic or social
nature which constrain the freedom and
equality of citizens, thereby impeding the full development of the human person
and the effective partici-pation of all workers in the political, economic and
social organization of the country.
Art. 8
All religious confessions are
equally free before the law. Religious confessions other than the Catholic one have
the right to organise themselves in accordance with their own statutes, provided
that these statutes are not in conflict with Italian law. Their relations with
the State are regulated by law on the basis of accords between the State and
the respective representatives.
Art. 10
The Italian legal system
conforms to the generally recognised rules of international law. The legal
status of foreigners is regulated by law in conformity with international
provisions and treaties. A foreigner who is denied the effective exercise of
the democratic liberties guaranteed by the Italian Constitution in his or her
own country has the right of asylum in the territory of the Italian Repu-blic,
in accordance with the conditions established by law. Extradition of a
foreigner for political offences is not admitted.
Art. 13
Personal liberty is
inviolable. No form of detention, inspection or personal search nor any other
restriction on personal freedom is admitted, except by a reasoned warrant
issued by a judicial authority, and only in the cases and the manner provided
for by law.
…
Art. 14
The home is inviolable.
Inspections, searches or seizures may not be carried out except in the cases
and in the manner
set out by law and in accordance with the guarantees prescribed for the
safeguard of personal freedom. Controls and inspections for reasons of public
health and safety or for economic and taxation purposes are regulated by
special laws.
Art. 15
The freedom and
confidentiality of correspondence and of every other form of communication is
inviolable. Restrictions thereto may be imposed only by a reasoned warrant
issued by a judicial authority with the guarantees established by law.
Art. 16
All citizens may travel or
sojourn freely in any part of the national territory, except for general
limitations which the law establishes for reasons of health and security. No
restrictions may be made for political reasons. All citizens are free to leave
and re-enter the territory of the Republic, provided all legal obligations are
fulfilled.
Art. 17
Citizens have the right to
assemble peacefully and unarmed.
No previous notice is required for meetings, even when the meetings occur in
places that are open to the public. For meetings in public places, previous
notice must be given to the authorities, who may only forbid them for proven reasons
of security and public safety.
Art. 18
Citizens have the right to
form associations freely, without authorisation, for ends that are not
forbidden to individuals by criminal law. Secret associations and those
associations that, even indirectly, pursue political ends by means of
organizations having a military character, are prohibited.
Art. 19
All persons have the right
to profess freely their own religious faith in any form, individually
or in association, to disseminate it and to worship in private or public,
provided that the religious rites are not contrary to public morality.
Art. 20
The ecclesiastical nature
and the religious or ritual purposes of an association or institution may not
constitute a cause for special limitations under the law, nor for special taxation
with respect to its establishment, legal status or any of its activities.
Art. 21
All persons have the right
to express freely their ideas by word, in writing and by all other
means of communication. The press may not be subjected to authorisation or
censorship.
Seizure is permitted only by a reasoned warrant, issued by the judicial
authority, in the case of
offences for which the law governing the press gives express authorisation, or
in the case of
violation of its provisions concerning the disclosure of the identity of those
holding responsibility.
In such cases, when there is absolute urgency and when timely intervention of
the judicial
authority is not possible, periodical publications may be seized by officers of
the judicial police,
who must promptly, and in any case within twenty-four hours, report the matter
to the judicial
authority. If the latter does not confirm the seizure order within the
following twenty-four hours,
the seizure is understood to be withdrawn and null and void. The law may
establish, by means of provisions of a general nature, that the financial
sources of the periodical press be disclosed.
Printed publications, public performances and events contrary to public
morality are forbidden.
The law establishes appropriate means for the prevention and repression of all
violations.
Art. 33
The Republic guarantees the freedom of the arts and sciences, which may
be freely taught. The Republic lays down general rules for education and
establishes state schools for all branches and grades. Entities and private
persons have the right to establish schools and institutions of education, at
no cost to the State.
Art. 41
Private-sector economic initiative
is freely exercised. It cannot be conducted in conflict with social usefulness
or in such a manner that could damage
safety, liberty and human dignity.
International official documents
1)
Universal Declaration of Human Rights
(1948)
Article
3 "Everyone has the right to life,
liberty and security of person."
Article 18
Everyone has the right to freedom of thought, conscience and religion; this
right includes freedom to change his religion or belief, and freedom, either
alone or in community with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and observance.
Article 19
Everyone has the right to freedom of opinion and expression; this right
includes freedom to hold opinions without interference and to seek, receive and
impart information and ideas through any media and regardless of frontiers.
2) Convention
for the Protection of Human Rights and Fundamental Freedoms
as amended by Protocol No. 11 (1950)
Article 9 – Freedom of thought, conscience and
religion
- Everyone has the right to freedom of thought,
conscience and religion; this right includes freedom to change his
religion or belief and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief, in worship,
teaching, practice and observance.
- Freedom to manifest one's religion or beliefs
shall be subject only to such limitations as are prescribed by law and are
necessary in a democratic society in the interests of public safety, for
the protection of public order, health or morals, or for the protection of
the rights and freedoms of others.
Article 10 –
Freedom of expression
- Everyone has the right to freedom of expression.
This right shall include freedom to hold opinions and to receive and
impart information and ideas without interference by public authority and
regardless of frontiers. This article shall not prevent States from
requiring the licensing of broadcasting, television or cinema enterprises.
- The exercise of these freedoms, since it carries
with it duties and responsibilities, may be subject to such formalities,
conditions, restrictions or penalties as are prescribed by law and are
necessary in a democratic society, in the interests of national security,
territorial integrity or public safety, for the prevention of disorder or
crime, for the protection of health or morals, for the protection of the
reputation or rights of others, for preventing the disclosure of
information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
3) Charter of fundamental rights of the European
Union (7th December 2000)
Article 10
Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought,
conscience and religion. This right includes freedom to change religion or
belief and freedom, either alone or in community with others and in public or
in private, to manifest religion or belief, in worship, teaching, practice and
observance.
2. The right to conscientious objection is
recognised, in accordance with the national laws governing the exercise of this
right.
Article 11
Freedom of expression and information
1. Everyone has the right to freedom of
expression. This right shall include freedom to hold opinions and to receive
and impart information and ideas without interference by public authority and
regardless of frontiers.
2. The freedom and pluralism of the media shall be respected.
4) «Declaration on freedom of communication on the Internet» (2003) Adopted by the Committee of Ministers at the
840th meeting of the Ministers' Deputies
Principle 1:
Content rules for the Internet
Member states should not
subject content on the Internet to restrictions which go further than those
applied to other means of content delivery.
Principle 2:
Self-regulation or co-regulation
Member states should
encourage self-regulation or co-regulation regarding content disseminated on
the Internet.
Principle 3:
Absence of prior state control
Public authorities should
not, through general blocking or filtering measures, deny access by the public
to information and other communication on the Internet, regardless of
frontiers. This does not prevent the installation of filters for the protection
of minors, in particular in places accessible to them, such as schools or
libraries. Provided that the safeguards of Article 10, paragraph 2, of the
Convention for the Protection of Human Rights and Fundamental Freedoms are
respected, measures may be taken to enforce the removal of clearly identifiable
Internet content or, alternatively, the blockage of access to it, if the
competent national authorities have taken a provisional or final decision on
its illegality.
Principle 4:
Removal of barriers to the participation of individuals in the information
society
Member states should foster
and encourage access for all to Internet communication and information services
on a non-discriminatory basis at an affordable price. Furthermore, the active
participation of the public, for example by setting up and running individual
websites, should not be subject to any licensing or other requirements having a
similar effect.
Principle 5: Freedom to provide services via the
Internet
The provision of services
via the Internet should not be made subject to specific authorisation schemes
on the sole grounds of the means of transmission used. Member states should
seek measures to promote a pluralistic offer of services via the Internet which
caters to the different needs of users and social groups. Service providers
should be allowed to operate in a regulatory framework which guarantees them
non-discriminatory access to national and international telecommunication
networks.
Principle 6:
Limited liability of service providers for Internet content
Member states should not
impose on service providers a general obligation to monitor content on the
Internet to which they give access, that they transmit or store, nor that of
actively seeking facts or circumstances indicating illegal activity. Member
states should ensure that service providers are not held liable for content on
the Internet when their function is limited, as defined by national law, to
transmitting information or providing access to the Internet. In cases where
the functions of service providers are wider and they store content emanating
from other parties, member states may hold them co-responsible if they do not
act expeditiously to remove or disable access to information or services as
soon as they become aware, as defined by national law, of their illegal nature
or, in the event of a claim for damages, of facts or circumstances revealing
the illegality of the activity or information. When defining under national law
the obligations of service providers as set out in the previous paragraph, due
care must be taken to respect the freedom of expression of those who made the
information available in the first place, as well as the corresponding right of
users to the information. In all cases, the above-mentioned limitations of
liability should not affect the possibility of issuing injunctions where service
providers are required to terminate or prevent, to the extent possible, an
infringement of the law.
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