Abstract
This paper would discuss freedom of expression and restrictions on the freedom with particular
reference to the provisions of International Covenant on Civil and Political Rights (ICCPR) and
the „Justiciability Doctrine‟ as enshrined in the European Convention of Human Rights (ECHR).
The question whether the freedom of expression claims are justiciable or not, in third world
countries like Pakistan and how it helps in the advancement of rule of law and good governance
would be explored. The focus would be on the cultural relativism narrative developed ever since
the adoption of the Universal Declaration of Human Rights (UDHR). The claims of
„Universalism‟ associated with human rights especially freedom of expression would be
criticized with respect to the Margin of Appreciation Doctrine as reflected in the jurisprudence of
the European Court of Human Rights (ECtHR) and adopted in other jurisdictions. Freedom of
expression and the rights of minorities in Pakistan would be discussed with a special mention of
proselytization and forced conversions. Lastly, the role of legislation and judiciary in Pakistan for
the protection and advancement of the freedom of expression guarantee would be discussed.
H.S. Sharif, Jafar Riaz Kataria. (2019) Freedom of Expression and Justiciability in Pakistan, South Asian Studies, Volume 34, Issue 1.
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