How does the functioning of the slave trade and the practice of slavery contrast with the ideals and ideas of the Enlightenment?
The same test is applied worldwide to measure the legitimacy of restrictions including the International Covenant, Universal Declaration, African Charter and American Convention. In Europe, although Article 10 of the ECHR allows for various forms of freedom, Article 10(2) restricts this freedom to conditions, formalities, penalties based on what is stated in the law to maintain a democratic society. This shows how freedom of expression is not an absolute and so restricting it should not be seen as a violation of the right of free speech. In Canada, for example, the Canadian Charter maintains and applies a reasonable balance to regulate free expression, whereas in France, Germany and Austria holocaust denial is criminalised due to historically significant reasons. For its part, in the UK, laws like the Racial and Religious Hatred Act 2006 and the Public Order Act 1996 regulate public order matters but this does not undermine the right of free speech. On the other hand, despite the US first Amendment which strengthens the right of free speech, case law such as Snyder v Phelps shows an application of restrictions there. Finally, in Australia, an application similar to the one in Canada is applied to strike a balance between free speech and harmful speech. Based on Lingens v Austria, and Handyside v UK, it seems that restricting free speech is a legitimate action that does not violate free expression since it is done for a necessary and appropriate reason. The Human Rights Committee emphasised in Shin v ROK that even if the expression violates the law, Article 19(3) requires the State to explain the importance of implementing these measures. As a result, even though national and international law perceives the importance of implementing grounds to restrict free speech, it should fall within the specified criteria based on the test. Thus, the restrictions are implemented to safeguard and stop people from abusing freedom. It seems at this stage that there is no clear violation on the right of free expression as the imposed limitations are appropriate to the nature of liberal democratic society. According to Mill, different views and opinions are valuable to society either because of the truth behind the argument or if it is false because this contributes and reinforces the truth and its emergence. He argued that ‘to refuse a hearing to an opinion, >GET ANSWER