Vandekerckhove, Wim ORCID: https://orcid.org/0000-0002-0106-7915 (2016) Freedom of expression as the "broken promise" of whistleblower protection. La Revue des droits de l'homme, 10. ISSN 2264-119X (Online) (doi:10.4000/revdh.2680)

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Abstract

The recent unfolding of whistleblower protection is history repeating itself. At the end of the 20th century, debates in many countries on whistleblower protection were initially framed in terms of protecting freedom of expression ; whistleblowing was a human right that had to be protected. None of these discourses was maintained. Hence, Whistleblower protection laws came about through an anti-corruption agenda, not a human rights one. A paradox of whistleblower protection is that free speech drove it but was irrelevant in bringing it home. Because of that, the whistleblower protections in many countries are able to deal with some issues of fraud, corruption, and other wrongdoing, but do not recognise the fundamental human right of freedom of expression when the public needs to be warned in cases where those who rule us breach human rights. And, because the freedom of expression element is missing, there remains whistleblowing that causes scandal ; there remains whistleblowing for which there are no adequate institutional arrangements.

Item Type:	Article
Additional Information:	Publication in Open Access
Uncontrolled Keywords:	Freedom of expression; Indivisibility of Human Rights; Whistleblower protection; National security whistleblowers; European court of human rights; Council of Europe; Subject affirmation.
Faculty / School / Research Centre / Research Group:	Faculty of Business Faculty of Business > Department of Human Resources & Organisational Behaviour
Related URLs:	Publisher
Last Modified:	22 Feb 2018 12:29
URI:	http://gala.gre.ac.uk/id/eprint/16094

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