Guarantees of Protecting Freedom of Expression: A Comparative Study

Abstract

Freedom of expression is one of the most fundamental human rights and freedoms, serving as the cornerstone of any democratic society. This right plays a pivotal role in preserving human dignity, enhancing political and social participation, and monitoring the actions and practices of authority. Therefore, the existence of constitutional, legal, and political guarantees to protect freedom of expression is an essential prerequisite for establishing a democratic system and respecting human rights. This study attempts to present a comparative analysis of the guarantees protecting freedom of expression in Iraq, Egypt, and France from constitutional, legal, and political perspectives. The research focuses on the role of the constitution, constitutional oversight, democracy, and political parties in protecting this right. Furthermore, it identifies the obstacles and limitations that negatively impact the free exercise of freedom of expression. Although all three countries recognize freedom of expression in their constitutions, there is a clear disparity in practical implementation and the level of guarantees. Due to the strength of its democratic institutions and the effectiveness of its constitutional oversight, France has been able to provide more effective protection for freedom of expression. Conversely, Iraq and Egypt still face several legal and political obstacles, such as the expansion of state power, the ambiguity of certain legal texts, and the lack of practical guarantees to protect journalists and opinion-holders. The study also emphasizes that the genuine protection of freedom of expression is not achieved merely by the existence of constitutional texts; rather, it requires an independent judiciary, fair legislation, and a democratic political and intellectual environment that respects political pluralism and differing opinions. Therefore, by drawing upon the French experience, this study endeavors to offer legal and political recommendations and proposals to strengthen the guarantees for protecting freedom of expression in Iraq.