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Legal opinion

Legal Human Academy supports again the lawyers’ right to criticize. In a legal opinion we support a Danish lawyer, who was disciplinary sanctioned. The lawyer was fined for criticizing the Danish law, jurisprudence and legal practice disrespecting the best interest of the child in divorce and child custody cases. Her criticism was formulated in a report that was submitted to a foreign court. We argue that the disciplinary sanction violated here right to freedom of expression, which includes the right to criticize the law and the administration of justice, as recognized by the ECtHR in the case of Morice v. France.

Our legal opinion can be obtained on request by email, to legal-human@mail.dk : Inger Høedt-Rasmussen and Dirk Voorhoof, Freedom of expression of lawyers: Legal opinion on the right to freedom of expression of lawyers as guaranteed by Article 10 of the European Convention on Human Rights, 2018. The legal opinion is a critical comment on the decision of 7 May 2018 of the Danish Advokatnævnet (the Lawyers’ Complaints Board) in the case 2017/1677.

Published in News