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The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (i)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Full and effective participation in all activities (including planning, agenda setting, decision-making and policymaking);
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (ii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Access to all meetings, processes and bodies (including through the final stages of decision-making) at all levels;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87a (iii)
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Implement thorough and consistent policies that emphasize the importance of substantive engagement with civil society organizations and recognize that participation at the multilateral level is an inherent component of the right to freedom of association. Such a policy should grant civil society: Speaking rights in all meetings, as a rule, with the same opportunities as Governments and private sector entities to express views and opinions;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 87g
- Paragraph text
- [The Special Rapporteur calls, therefore, upon multilateral institutions to:] Undertake studies on comparative good practices in civil society engagement, with recommendations on critical areas for improvement in accordance with international standards, and establish accountability mechanisms, such as the World Bank's Inspection Panel. Such a system should also include a means for individuals and organizations to file a complaint if they believe they have been subject to reprisals because of their cooperation with - or action to oppose - the multilateral organization or one of its programmes;
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Priorities of the new mandate holder 2014, para. 31
- Paragraph text
- The Special Rapporteur looks forward to fulfilling the requirements of her mandate, as outlined in Human Rights Council resolution 24/3, and to constructive and fruitful cooperation with diverse stakeholders in all regions towards that end. She particularly emphasizes her desire for constructive engagement with United Nations Member States and encourages Member States to respond positively to her requests for information or for country visits, while emphasizing that the mandate remains available to provide assistance to States and to respond to their requests, including in the area of technical cooperation, to the fullest extent possible. The Special Rapporteur reiterates the importance that she places on the role and views of non-governmental organizations, including in providing information to her and engaging with and assisting her fully as she conducts her work on slavery and slavery-like practices.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 79g (iv)
- Paragraph text
- [The Special Rapporteur proposes the following principles for determining the conditions that must be satisfied in order for a limitation or restriction on freedom of expression to be permissible:] Any restrictions imposed on the exercise of a right must be "necessary", which means that the limitation or restriction must: Be proportionate to that aim and be no more restrictive than is required for the achievement of the desired purpose. The burden of demonstrating the legitimacy and the necessity of the limitation or restriction shall lie with the State;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 32
- Paragraph text
- Governments should take the necessary legislative and administrative measures to improve access to public information for everyone. There are specific legislative and procedural characteristics that any access-to-information policy must have, including: observance of the principle of maximum disclosure; the presumption of the public nature of meetings and key documents; broad definitions of the type of information that is accessible; reasonable fees and time limits; independent review of refusals to disclose information; and sanctions for noncompliance.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 73
- Paragraph text
- In accordance with resolution 7/36 of the Human Rights Council, the mandate of the Special Rapporteur includes reporting on instances in which the abuse of the right of freedom of expression constitutes an act of racial or religious discrimination, as well as formulating recommendations and making suggestions concerning methods of promoting and protecting the right to freedom of opinion and expression in all its forms. Accordingly, as a contribution to the consideration of this issue, in this report the Special Rapporteur proposes a series of principles that will help to determine what constitutes a legitimate restriction or limitation on the right of freedom of opinion and expression and what constitutes an "abuse" of that right.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 38
- Paragraph text
- The most common method of restricting the types of prohibited expression on the Internet is through the blocking of content (see III.A above). In this regard, the Special Rapporteur reiterates the recommendations made in his most recent report to the Human Rights Council that States should provide full details regarding the necessity and justification for blocking a particular website, and determination of what content should be blocked should be undertaken by a competent judicial authority or a body which is independent of any political, commercial, or other unwarranted influences to ensure that blocking is not used as a means of censorship.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 82
- Paragraph text
- With regard to technical measures taken to regulate the above-mentioned type of prohibited expression, such as the blocking of content, the Special Rapporteur reiterates that States should provide full details regarding the necessity and justification for blocking a particular website and that the determination of what content should be blocked must be undertaken by a competent judicial authority or a body that is independent of any political, commercial or other unwarranted influences in order to ensure that blocking is not used as a means of censorship.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 24a
- Paragraph text
- [As set out in article 19, paragraph 3, of the Covenant, there are certain exceptional types of expression which may be legitimately restricted under international human rights law, essentially to safeguard the rights of others. This issue has been examined in the previous annual report of the Special Rapporteur. However, the Special Rapporteur deems it appropriate to reiterate that any limitation to the right to freedom of expression must pass the following three-part, cumulative test:] It must be provided by law, which is clear and accessible to everyone (principles of predictability and transparency); and
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 39
- Paragraph text
- Many States have adopted laws which impose liability upon intermediaries if they do not filter, remove or block content generated by users which is deemed illegal. For example, in Turkey, Law 5651 on the Prevention of Crime Committed in the Information Technology Domain, which was enacted in 2007, imposes new obligations on content providers, ISPs and website hosts. It also grants authority to an agency to issue administrative orders to block websites for content hosted outside of Turkey, and to take down eight broad types of unlawful content, including "crimes against Ataturk", which includes "insulting" the founder of the Republic of Turkey, Mustafa Kemal Ataturk. In Thailand, the 2007 Computer Crimes Act imposes liability upon intermediaries that transmit or host third-party content and content authors themselves. This law has been used to prosecute individuals providing online platforms, some of which are summarized in the first addendum.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 41
- Paragraph text
- Several States have sought to protect intermediaries through adopting variations on what is known as a "notice-and-takedown" regime. Such a system protects intermediaries from liability, provided that they take down unlawful material when they are made aware of its existence. For example, under the European Union-wide E-Commerce Directive, a provider of hosting services for user-generated content can avoid liability for such content if it does not have actual knowledge of illegal activity and if it expeditiously removes the content in question when made aware of it. Similarly, the Digital Millennium Copyright Act of the United States of America also provides safe harbour for intermediaries, provided that they take down the content in question promptly after notification.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 42
- Paragraph text
- However, while a notice-and-takedown system is one way to prevent intermediaries from actively engaging in or encouraging unlawful behaviour on their services, it is subject to abuse by both State and private actors. Users who are notified by the service provider that their content has been flagged as unlawful often have little recourse or few resources to challenge the takedown. Moreover, given that intermediaries may still be held financially or in some cases criminally liable if they do not remove content upon receipt of notification by users regarding unlawful content, they are inclined to err on the side of safety by over-censoring potentially illegal content. Lack of transparency in the intermediaries' decision-making process also often obscures discriminatory practices or political pressure affecting the companies' decisions. Furthermore, intermediaries, as private entities, are not best placed to make the determination of whether a particular content is illegal, which requires careful balancing of competing interests and consideration of defences.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 44
- Paragraph text
- Given that Internet services are run and maintained by private companies, the private sector has gained unprecedented influence over individuals' right to freedom of expression and access to information. Generally, companies have played an extremely positive role in facilitating the exercise of the right to freedom of opinion and expression. At the same time, given the pressure exerted upon them by States, coupled with the fact that their primary motive is to generate profit rather than to respect human rights, preventing the private sector from assisting or being complicit in human rights violations of States is essential to guarantee the right to freedom of expression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 77
- Paragraph text
- The Special Rapporteur commends the work undertaken by organizations and individuals to reveal the worldwide status of online impediments to the right to freedom of expression. He encourages intermediaries in particular to disclose details regarding content removal requests and accessibility of websites. Additionally, he recommends corporations to establish clear and unambiguous terms of service in line with international human rights norms and principles and to continuously review the impact of their services and technologies on the right to freedom of expression of their users, as well as on the potential pitfalls involved when they are misused. The Special Rapporteur believes that such transparency will help promote greater accountability and respect for human rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 79
- Paragraph text
- To prevent any abusive use of hate speech laws, the Special Rapporteur recommends that only serious and extreme instances of incitement to hatred be prohibited as criminal offences. The Special Rapporteur thus calls upon States to establish high and robust thresholds, including the following elements: severity, intent, content, extent, likelihood or probability of harm occurring, imminence and context. Such examination must be performed on an ad hoc basis, taking context into consideration.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45e
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Likelihood or probability of harm occurring. While incitement by definition is an inchoate crime and the action advocated through incitement does not have to be committed for the speech to amount to a crime, a high degree of risk of resulting harm must be identified;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 45g
- Paragraph text
- [The threshold of the types of expression that would fall under the provisions of article 20 (2) should be high and solid. An important contribution in determining the appropriate threshold has been made by ARTICLE 19, a non-governmental organization, which has proposed a seven-part test using the following elements:] Context, including consideration of the speaker or author, audience, intended harm, existence of barriers in establishing media outlets, broad and unclear restrictions on content of what may be published or broadcast; absence of criticism of Government or wide-ranging policy debates in the media and other forms of communication; and the absence of broad social condemnation of hateful statements on specific grounds when they are disseminated.17
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 93
- Paragraph text
- Given that the enjoyment of human rights also implies responsibilities, and is based on the principles of universality, equality and interdependence, there is a shared responsibility in denouncing human rights violations whenever they occur. Such responsibility is of greater importance in the case of public officials. Therefore, the disclosure in good faith of relevant information relating to human rights violations should be accorded protection from liability. On the other hand, the silence of State officials on violations that they witness can be interpreted as complicity. Transitions to peace and democracy based on silence over past crimes, atrocities or impunity are not sustainable.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 12
- Paragraph text
- Historically, in particular in countries that have experienced situations of serious and systematic human rights violations, lack of access to information and, often, the circulation of misinformation, have been central issues for subsequent governments and society as a whole when seeking to address the past and constitute an important challenge in the transitional justice process. Over the years, especially following the transition to democracy experienced by countries in Latin America and Eastern Europe in the 1980s and 1990s, the right to the truth has been recognized in a number of forums and documents as a distinct right.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 18
- Paragraph text
- The right to seek and receive information is an essential element of the right to freedom of expression. It is, as noted in a previous report of the Special Rapporteur, a right in and of itself and one of the rights upon which free and democratic societies depend (E/CN.4/2000/63, para. 42). Accordingly, the Special Rapporteur has, since the establishment of the mandate, carried out a number of studies regarding certain aspects of its implementation (see, for example, E/CN.4/1999/64, E/CN.4/2000/63, E/CN.4/2003/67, E/CN.4/2005/64 and Corr.1, A/HRC/11/4 and A/HRC/17/27). In more recent reports, the Special Rapporteur has focused on rights and limitations regarding access to the Internet, which are in numerous respects closely linked to the right to seek and receive information (A/HRC/17/27, sects. II to VI, and A/66/290, sects. III to V).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 57
- Paragraph text
- The recurrent use of national security concerns as a justification for the denial of access to various types of information predicates a need to study carefully the promotion of confidentiality on such grounds. Widespread secrecy justified on national security grounds is particularly problematic in the context of investigations of human rights violations because it may represent one of the main obstacles to the clarification of responsibilities and consequences of serious violations, ultimately becoming a barrier to the promotion of justice and reparation.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 58
- Paragraph text
- Although national security is a legitimate State concern, one of the main challenges faced when information is classified on national security grounds has frequently been the lack of transparency of the process as a whole. In cases of human rights violations, the situation may occur whereby those who decide to classify such information could belong or be linked to the entities allegedly responsible for the violations. The persistent denial of information on human rights violations potentially involving national security bodies often weakens public trust in these institutions, ultimately reversing the alleged justification for secrecy.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 67
- Paragraph text
- In the context of access to information on violations of human rights, the references made in the Tshwane Principles to public interest disclosures (part VI) and limits on measures to sanction or restrain the disclosure of information to the public (part VII) are of particular relevance. Among various recommendations, it is proposed that national law should protect from retaliation public personnel who make disclosures of information showing wrongdoing (such as human rights violations), regardless of whether the information is classified or otherwise confidential. It is further suggested that public bodies establish internal procedures and designate specific persons to receive protected disclosures.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 68
- Paragraph text
- Information on human rights violations involving the activities of national security and intelligence bodies that operate under strict secrecy procedures are often only disclosed by those working within these entities (see A/HRC/10/3). In this regard, the Special Rapporteur has recalled the importance of ensuring the protection of whistle-blowers, that is, persons with a connection to the State who, having a legal obligation to ensure confidentiality, disclose to the public information that they reasonably consider to reveal human rights violations. The Special Rapporteur has indicated that a whistle-blower should not be subjected to legal, administrative or disciplinary sanctions as long as he or she has acted in good faith, pursuant to international standards on the subject. In fact, every person who is involved in or witnesses a human rights violation should assume the moral responsibility to denounce it.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 75
- Paragraph text
- While reviewing multiple experiences that promote the right to access information, experts have developed some core principles to guide the design and implementation of relevant laws and practices. The same principles had been endorsed and presented to the Commission on Human Rights by the Special Rapporteur on the right to freedom of opinion and expression in 2000 and were further reflected in other declarations prepared by international mechanisms for promoting freedom of expression. The Special Rapporteur considers that these principles continue to represent a crucial tool for translating into practice the various human rights obligations concerning the right to information.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 77
- Paragraph text
- As indicated in a comprehensive comparative study of national experiences promoting access to information, the adoption of national laws should be regarded only as the first step: full implementation requires political will (full endorsement by various relevant authorities of the principles enshrined by the new normative framework), an active civil society (advocating and monitoring the implementation of the norms) and respect for the rule of law. In fact, a number of frequent obstacles can be noted in the review of national practices implementing legal frameworks protecting the right to information.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 83
- Paragraph text
- The inclusion of vaguely defined or inappropriate exceptions in national laws on access to information is also a common obstacle that seriously compromises the impact of the instruments. Inappropriate exceptions include, for example, reference to the protection of good relations with other States and intergovernmental organizations. As mentioned above, the widespread and unspecified use of national security concerns as a reason for the denial of access to information is another common occurrence. Some laws explicitly exclude some public bodies from the ambit of national norms, preventing consideration of whether information pertaining to those bodies should be disclosed at all.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph