You are free to express yourself

Everyone is unique and because of that, thoughts, opinions and attitudes vary from one person to another. For this reason, the right to freedom of expression is important because it prevents people from oppressing or silencing those who hold views that are different from their own.

Tuesday, November 21, 2017

Everyone is unique and because of that, thoughts, opinions and attitudes vary from one person to another. For this reason, the right to freedom of expression is important because it prevents people from oppressing or silencing those who hold views that are different from their own.

The right to freedom of expression is not just for adults. It is also for children. Article 7 of the African Charter on the Rights and Welfare of the Child says, "Every child who is capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.”

Often times, children are not allowed to make independent decisions and their opinions may be stifled because they are under the care of their parents and guardians. However, several laws relating to children emphasize the fact that children who are old enough to communicate their thoughts should have a say in decisions concerning their lives.

For instance, article 7 of N°54/2011 of 14/12/2011 Law relating to the rights and the protection of the child says, "In any judicial or administrative procedure concerning the child, he/she is given a hearing in accordance with the legally recognized rules of procedures, directly or through a representative, an expert or a relevant institution recommended by the judge.” 

An example of an administrative procedure is adoption. Article 296 of the law governing persons and family says that when a child who is to be adopted is twelve years or older, they have to provide consent.

The age of a child whose opinion is being sought in a judicial or administrative matter is put into consideration because as children get older, they have more understanding of the world around them and the consequence of their words.

Children still need the guidance of their parents or guardians concerning how they express their thoughts and opinions but article 17 of the law relating to the rights and protection of the child says that parents/ guardians should provide guidance without any duress.

It is important to remember that freedom of expression does not give leeway for insolence towards your friends, teachers or parents. Article 21 of the law relating to the rights and protection of the child says, "Depending on his/her understanding level, the child, must respect any human being, especially his/her parents or guardian.”

Moreover, being free to express yourself does not mean that you infringe on other people’s rights. You cannot insult or threaten anyone, incite violence, make racist or ethnically discriminative remarks, or spread rumours to ruin another person’s reputation. All these acts are criminal and they are punishable under the Penal Code of Rwanda.