Freedom of expression, prohibited speech and the right to a life free of violence

Rincón Martínez A.M. · Clio. Revista de Historia, Ciencias Humanas y Pensamiento Critico. (2025) · DOI: 10.5281/zenodo.15256715

Resumen

The study analyzes the conceptual notion of freedom of expression, its essential content, its delimitation, the harmonization of the rights of freedom of expression and the women rights to a life free of violence. It reflects on a series of manifestations that fail to pass the Rabat threshold test, that reinforce sexist and discriminatory stereotypes, that do not receive punitive treatment from the point of view of criminal sanction, which from other forms of regulation must be addressed by legal operators. Therefore, regulating media violence against women, based on the need to repress discriminatory discourse against them, is hindered by the fact that any limitation must be exceptional and comply with the proportionality test. Finally, it should be noted that the right of women to non-discrimination and to a life free of violence must be accompanied by certain restrictions on speeches that, instead of promoting their rights, perpetuate conditions of inequality.

Instituciones: Universidad Privada Antenor Orrego