Embedding freedom of expression in legal education: rights-based pedagogy and participatory practice

Abstract

This article argues that freedom of expression, protected under article 10 of the European Convention on Human Rights (ECHR), should be understood not only as a legal doctrine but as a pedagogical principle central to democratic legal education. Drawing on the Level 4 module LAW1024 Ethics, Discrimination and Human Rights, it examines how article 10 reasoning can structure classroom dialogue, assessment, and institutional practice. The analysis combines doctrinal interpretation with critical and discomfort-based pedagogy, proposing that students learn law most effectively when they practise justification, pluralism, and deliberation within the learning process itself. While lecture capture and digital monitoring enhance accessibility, they may also inhibit openness and dialogic teaching, producing self-censorship that limits academic freedom. Embedding article 10, therefore, requires re-examining classroom norms, assessment design, and institutional governance to ensure that expression is both protected and purposeful. The article advances a model for integrating rights-based pedagogy into law curricula, positioning legal education as a space for civic reasoning and democratic participation.