In that respect, Article 35 affords students the right to “free expression of their academic views” and the right to “freedom of study.”16 See the section on sectoral laws for an analysis of the restrictions on freedom of expression contained in the Education Law. International human rights law enshrined in domestic law Article 31 of the Constitution enshrines international human rights law into Cambodian domestic law. It states: “The Kingdom of Cambodia recognises and respects human rights as stipulated in the United Nations Charter, the Universal Declaration of Human rights and the covenants and conventions related to human rights, women’s rights and children’s rights.” The direct applicability of international human rights law was confirmed by a 10 July 2007 decision by the Constitutional Council of Cambodia – the body tasked with constitutional interpretation.17 The decision states that no law should be applied by the courts in such a way that violates the Constitution or the human rights treaties to which Cambodia is a party. As a consequence, individuals subject to the jurisdiction of Cambodian law – and not only “Khmer citizens” as outlined elsewhere in the Constitution – can, in theory, invoke international standards for the protection of their right to freedom of expression. It should be further noted that Cambodia has a high rate of ratification of international human rights treaties, having ratified eight of the nine core treaties18 (with the exception being the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families). either orally, in writing or in print, in the form of art, or through any other media of his choice.” Both the UDHR and the ICCPR were drafted with the foresight to include and accommodate technological developments through which individuals are able to exercise their right to freedom of expression, owing to the explicit inclusion of a provision that states that everyone has the right to express him or herself through any media. The treaty body responsible for interpreting the ICCPR – the United Nations Human Rights Committee – has advised that modes of expression do include all forms of electronic and internet-based methods of communication,19 meaning that international human rights law – and by extension, Cambodian law – is equally applicable to new and developing communication technologies, such as the internet and social media networks.20 This was confirmed on 5 July 2012 by the United Nations Human Rights Council (UNHRC) in a resolution – the first of its kind – to protect human rights online.21 The resolution states that “the same rights that people have offline must also be protected online.” The resolution also acknowledges that “the internet can be an important tool for development and for exercising human rights.” Right to privacy Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 19 of the Universal Declaration of Human Rights (UDHR) guarantee the right to freedom of expression. Article 19 of the ICCPR specifies that freedom of expression “shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, The right to privacy is enshrined in Article 12 of the UDHR, and Article 17 of the ICCPR. The latter states: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.” Traditionally, the reference to “correspondence” in the UDHR and the ICCPR was interpreted to mean written communication; however, as stated above, this term now applies to all forms of communication, including via the internet. In 2013, the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, stated that there were interrelations between the rights to privacy and the right to freedom of opinion and 16 CCHR. (2012). Fundamental Freedoms Series: Freedom of Expression and Academic Freedom. cchrcambodia.org/admin/ media/factsheet/factsheet/english/2012_03_16_CCHR_ Fundamental_Freedoms_Series_Fact_Sheet_Freedom_of_ Expression_and_Academic_Freedom_March%202012_(ENG).pdf 17 Constitutional Court of Cambodia. (2017, 10 July). Decision No. 092/003/2007. 18 www.ohchr.org/EN/ProfessionalInterest/Pages/CoreInstruments. aspx 19 UN Human Rights Committee. (2011, 12 September). General Comment 34: Freedoms of Opinion and Expression, CCPR/C/GC/34 (GC 34) [12]. www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf 20 CCHR. (2016). Op. cit. 21 UN Human Rights Council. (2012, 29 June). The promotion, protection and enjoyment of human rights on the Internet, Resolution 20/8, A/HRC/RES/20/8. documents-dds-ny. un.org/doc/RESOLUTION/GEN/G12/153/25/PDF/G1215325. pdf?OpenElement Freedom of expression 36 / Unshackling Expression