Freedom must be placed within the framework of law
19/3/15
Recently, on some social networking sites, there are some people who
proclaim themselves as "freedom lovers", "freedom loving
group." They say freedom in Vietnam is limited. Maybe they do
not know or deliberately do not know about the nature of true freedom in every
countries that is always be placed within the framework of the law;. In Vietnam,
the true freedom of the people is respected and protected by law.
Today, almost countries around the world are organized by lawful model. The
essence of a lawful state is the rule of law. Law is effective state’s managing
tool, it creates a legal framework for social-economic development and ensures
the freedom of the citizen. The freedom of citizens in a lawful state is guaranteed
by law. And people living in a lawful state are free within the framework of
the law.
Referring to the freedom of human beings, the European Convention on Human
Rights provided that: "The implementation of the freedom rights, including
the obligations and responsibilities, forms, conditions, restrictions or punitive
measures that must be specified in all legislative documents and takes into
account the need for a democratic society, the interests of national security,
territorial integrity, maintaining public order, crime prevention and
protection of health and morals, dignity or honor of humans, preventing disseminating
confidential information or to ensure the power and independence of the
judiciary ". Thus, the exercise of freedoms and restrictions are specified
in the legislation of each country. Every country always needs to take their
actual situation into making laws to specify the implementation of citizens’
rights of freedom.
Under the US Constitution, the Supreme Court is allowed to give legislative
sanctions when the press discovered behavior of destruction, insults, slander to
State, society and individuals. So, every year hundreds of documents of
different sizes are being issued by Supreme Court for operating and controlling
the press in the United
States.
There is really no country in the world that considers the freedom of human
beings is absolute. If it’s absolute, the society will be chaotic with
shooting, looting, raping freely... The freedom of each person in every country
is limited in the legal framework.
The State of Socialist Republic of Vietnam is a socialist legitimate state
of the people, by the people and for the people. The freedom of people in the territory of Vietnam
is guaranteed by the laws of Vietnam.
The rights of freedom and democracy of Vietnamese people are increasingly being
extended in accordance with international law. The 2013 Constitution has
elevated the human rights institutions, civil rights in a chapter. Compared
with many other countries’ constitutions, our 2013 Constitution has a high
number of human rights, including freedom. This progress has been recognized by
many international scholars.
Deploying and specifying the content of the new Constitution that relating
to human rights, in order to further improve the freedom in the framework of
the civil law, our State is urgently building some new bill such as Referendum
Law, Law of Grouping, Law of Demonstration, Law of Accessing Information...
As we can see, in our country the freedom of the people have been respected
and guaranteed by the State in the framework of the Constitution and the law.
In recent time, some people had been using social networks and other forms of
information to distort the truth, against the State and the people and were finally
punished by law. But there were still some opinions on social networks that the
punishment is a violation of freedom of speech, freedom of the press, freedom
of religion... and harshly condemned the Article 258 of the Criminal Code and
required to abort this Article.
It should be confirmed that the Article 258 of the Criminal Code is
entirely consistent with the "1966 International Convention on Civil and
Political Rights". The Article 258 of the Criminal Code provides abusive
behavior of democracy to infringe upon the interests of the State, the rights
and legitimate interests of organizations and citizens that shall be subject to
warning, non-custodial rehab or imprisonment. This legislation is to implement
the rights and freedoms of citizens under the law, avoiding some bad people
using of "freedom" to carry out dark purposes, affecting security of society.
If the Article 258 is discarded as wills of the "freedom lovers",
"freedom loving groups" the society will not exist in order and will
be messing with slander, lies…
Obviously, the perfect institutions, further expanding the democratic
liberties of the people, building a perfect socialist state with rule of law
are still goals of our struggle. Yet, despite the maximum extension, the
freedom must be put in the framework of the law./.
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