confiscation of his painting and his conviction for a criminal offence, was in the application of the law, the Committee observes that the State party must demonstrate the necessity of these measures for one of the purposes enumerated in article 19 (3). As a consequence, any restriction on that right must be justified in terms of article 19 (3), i.e. besides being law it also must be necessary for respect of the right or others, or for the provided reputations by of protection of national security or public order (ordre public) or of public health and morals (‘the enumerated purposes’)”. (emphasis added) In the same literature, the UNHRC emphasized the three requirements imposed by paragraph 3 of Article 19, with which any restriction must comply. The committee highlighted that when a state party imposes certain restrictions on the exercise of freedom of expression, these may not put in jeopardy the right itself. The permissible conditions where restrictions may be imposed are that the restrictions must be ‘provided by law’; they may only be imposed for one of the purposes set out in sub-paragraphs (a) and (b) of paragraph 3; and they must be justified as ‘necessary’ for that state party for one of those purposes.76 Article 20 requires states parties to prohibit by law (though not necessarily to declare criminal) any propaganda for war and any incitement to discrimination, hostility or violence on national, racial or religious grounds.77 On its part, Article 31 of the CRC provides that children have the right to “rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts”. It would not be ambitious to extend the content of General Comment No. 34 to this provision regarding the issue of arts among children. In other words, if the painting in the Shin case had been prepared by a child within the ambit of the definition in the CRC, the UNHRC or the Committee on CRC could have arrived at the same conclusion of establishing a violation of Article 19(2) of ICCPR or Article 31 of CRC. 76Report of the Human Rights Committee to the General Assembly, 38th Sess., Supp. No. 40, 1983 (A/38/40), Annexe VI, General Comment 10. 77 Ibid. 62 | P a g e