JERSILD V.DENMARK PDF


0
Categories : Business

The Danish applicant was convicted for aiding and abetting the dissemination Jersild v Denmark (App no /89) ECHR 23 September (PDF, KB) . References: Times Oct, () 19 EHRR 1, [] ECHR 33, /89, Links: Bailii, Bailii Ratio: A journalist was wrongly convicted. JERSILD v. DENMARK. AS TO THE ADMISSIBILITY OF. Application No. / 89 by Jens Olaf JERSILD against Denmark. The European Commission of.

Author: Meztilabar Mikagul
Country: India
Language: English (Spanish)
Genre: Career
Published (Last): 7 May 2008
Pages: 289
PDF File Size: 9.40 Mb
ePub File Size: 19.58 Mb
ISBN: 265-6-35467-554-5
Downloads: 28338
Price: Free* [*Free Regsitration Required]
Uploader: Zulusar

Ryssdal, the President of the Court Rule 21 para. According to the applicant, such a balance was envisaged in a clause contained in Article 4 of the UN Convention to the jerisld that “due regard” should be had to “the principles in the Universal Declaration of Human Rights and the rights The Chamber to be constituted included ex officio Mr I. On the contrary, it clearly sought – by means of an interview – to expose, analyse and explain this particular group of youths, limited and frustrated by their social situation, with criminal records and violent attitudes, thus dealing with specific aspects of a matter that already then was of great public concern.

Text Article 10 — Freedom of expression 1. They won’t be able to get money legitimately, so often they try to obtain it through criminal activity.

They get everything paid, and things like that, that can’t be right, man, Denmark is for the Danes, right? In this connection, the interest in protecting those grossly insulted by the statements had to be weighed up against that of informing the public of the statements. The Court reiterates that freedom of expression constitutes one of the essential foundations of a democratic society and that the safeguards to be afforded to the press are of particular importance ibid.

Counsel, referring inter alia to the above-mentioned article in Information, also pointed to the fact that no consistent prosecution policy had been followed in cases of this nature.

Jersild v Denmark – Wikipedia

No weight could be attached to the fact that the programme had given rise to only a few complaints, since, due to lack of information and insufficient knowledge of the Danish language and even fear of reprisals by violent racists, victims of the insulting comments were likely to be dissuaded from complaining. The latter’s comments were filed on 23 March.

Everyone has the right to freedom of expression. Krokann received several travel Lopes Rocha, Mr G. Bearing in mind the obligations on States under the UN Convention and other international instruments to take effective measures to eliminate all forms of racial discrimination and to prevent and combat racist doctrines and practices see paragraph 21 abovean important factor in the Court’s evaluation will be whether the item in question, when considered as a whole, appeared from an objective point of view to have had as its purpose the propagation of racist views and ideas.

  CABOTAGE LAW PHILIPPINES PDF

That being so, it was absolutely necessary to add at least a clear statement of disapproval. The applicant has cut the entire interview down to a few minutes, probably with the consequence or even the intention of retaining the most crude remarks.

While appreciating that some judges attach particular importance to freedom of expression, the more so as their countries have largely been deprived of it in quite recent times, we cannot accept that this freedom should extend to encouraging racial hatred, contempt for races other than the one to which we belong, and defending violence against those who belong to the races in question.

If you really get into the joint it would be such a ridiculously small sentence, so it would be, I mean It is not for this Court, nor for the national courts for that matter, to substitute their own views for those of the press as to what technique of reporting should be adopted by journalists.

Joan Tate topic Joan Tate 23 September — 6 June was a prolific translator, translating works by many leading Swedish and Swedish-speaking Finnish writers into English. They essentially reiterated the submissions made before the City Court and, in addition, the applicant explained that, although he had suspected that the Greenjackets’ statements were punishable, he had refrained from omitting these from the programme, considering it crucial to show their actual attitude.

I just wouldn’t accept it, if she was mugging old women and stealing their handbags. While appreciating that some judges attach particular importance to freedom of expression, the more so as their countries have largely been deprived of it in quite recent times, we cannot accept that this freedom should extend to encouraging racial hatred, contempt for races other than the one to which we belong, and defending violence against those who belong to the races in question.

G It was an ordinary armed robbery at a petrol station. The term originated in the 19th century, but folk music extends beyond that.

It has been contrasted with commercial and classical styles. A test ban was also seen as a means of slowing nuclear proliferation and the nuclear arms race. They essentially reiterated the submissions made before the City Court and, in addition, the applicant explained that, although he had suspected that the Greenjackets’ statements were punishable, he had refrained from omitting these from the programme, considering it crucial to show their actual attitude.

The applicant also rebutted some of the racist statements for instance by recalling that there were black people who had important jobs. Neither the written text of the interview paragraph 11 of the judgment nor the video film we have seen makes it clear that the remarks of the Greenjackets are intolerable in a society based on respect for human rights.

Top book lists Revolvy Brain revolvybrain. The Court is not convinced by the argument, also stressed by the national courts see paragraphs 14 and 18 abovethat the Greenjackets item was presented without any attempt to counterbalance the extremist views expressed. On the other hand, as to the contents of the Greenjackets item, it should be noted that the TV presenter’s introduction started by a reference to recent public discussion and press comments on racism in Denmark, thus inviting the viewer to see the programme in that context.

  BRUNNSTROM RECOVERY STAGES PDF

Before the case was decided, the Equality Act provided a remedy to protect political beliefs, though it had not come into effect when this case was brought forth.

The national courts laid considerable emphasis on the fact that the applicant had himself taken the initiative of preparing the Greenjackets feature and that he not only knew in v.deenmark that racist statements were likely iersild be made during the interview but also had encouraged such statements.

The Russian Empire and other powers exacted many other concessions v.denmark China, among which were indemnities for anti-Western riots, control over China’s tariffs, and extraterritorial agreements including legal immunity for foreigners and foreign businesses.

The applicant maintained that his conviction and sentence for having aided and abetted the dissemination of racist remarks violated his right to freedom of expression within the meaning of Article 10 art.

As regards the conviction of the applicant and Mr Jensen, the majority had attached importance to the fact that they had caused the racist statements v.denmatk be made public. Would you like your child to grow up like you?

People should be allowed to keep slaves, I think so anyway. The interview had lasted several hours, during which beer, partly paid for by Danmarks Radio, was consumed. The Court will look at the interference complained of in the light of the case as a whole and determine whether the reasons adduced by the national authorities to justify it are relevant and sufficient and whether the means employed were proportionate to the legitimate aim pursued see the above-mentioned Observer and Guardian judgment, pp.

Jersild v Denmark

A concert at the Musikverein in Vienna with Arnold Schoenberg conducting music by himself and his pupils Alban Berg and Anton Webern, particularly Berg’s Altenberg Lieder, provokes fisticuffs and is abandoned. It jrrsild finally not be forgotten that, taken as a whole, the filmed portrait surely conveyed the meaning that the racist statements were part of a generally anti-social attitude of the Greenjackets.

Mifsud Bonnici, Mr J. There has been pinching of videos, where the Perkere’ have been our customers, so they have money. It lasted between five and six hours, of which between two and two and a half hours were video-recorded.