The Notion of Duty and Responsibility in Respect of Civil Servants, According to the ECHR, within the Scope of the Right to Freedom of Expression

Abstract

The right to freedom of expression, which has been regulated as a fundamentalhuman right in the European Convention of Human Rights, has great value for theprogress of the individual and the society. Nevertheless, as it is the case for all rights,the exercise of the right to freedom of expression is not absolute and unlimited.Sometimes the society as a whole or specifically individuals can be harmed onaccount of the abuse of this right. Therefore, the right to freedom of expression canbe restricted by applying certain measures with a view to protecting the rights of thesociety and others. On the other hand, the restriction in question is not applied to allsegments of the society in the same manner. The seriousness of the restriction and the measure varies for individuals who perform duties with certain properties. In thisconnection, where the civil servants right to freedom of expression is at stake, theEuropean Court of Human Rights reiterates in its assessment that some individualsmust also be aware of their duties and responsibilities by virtue of their positionscompared to other persons.