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The role of digital access providers 2017, para. 19
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- Providers should only be compelled to release user data when ordered by judicial authorities certifying necessity and proportionality to achieve a legitimate objective. The Criminal Code of Canada requires law enforcement to submit requests for the disclosure of telephone records in criminal investigations to a judge for approval. In Portugal, the authorities must obtain a judicial order to compel the disclosure of communications data. However, national law often exempts user data requests from judicial authorization. In Bangladesh, the authorities require only executive branch approval to access communications data belonging to telecommunications subscribers on the grounds of national security and public order.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
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- 2017
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Access to information in international organizations 2017, para. 38
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- The legitimate subjects of restriction for States, to protect the rights or the reputation of others, national security or public order or public health or morals, may also serve as a basis for restrictions on the part of intergovernmental organizations. The rights of others, for instance, would counsel for the creation of protections to ensure that disclosures do not interfere with the privacy rights of individuals employed by or in some way connected to the intergovernmental organization. Public order may be an especially salient basis for sensitivity with regard to disclosure in the context of peacekeeping, while national security could be a basis, for example: the International Atomic Energy Agency (IAEA) might choose not to disclose certain information about nuclear inspections; or the World Health Organization (WHO) could cite public health concerns as a basis for withholding sensitive information. Even for these generic bases for non-disclosure, the organization would still need to demonstrate necessity and proportionality in a given case.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Governance & Rule of Law
- Health
- Personas afectadas
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- 2017
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Access to information in international organizations 2017, para. 61a
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- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote the adoption of access to information policies through resolutions and other governance mechanisms;
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 58
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- It is not enough simply to adopt access to information policies, such policies must be rigorous and principled, drawing on the broad global acceptance that the right of access to information held by public authorities is rooted in international law. I encourage international organizations and the United Nations to align their policies with those being adopted and implemented, increasingly, by States, not only to emulate the best aspects of governmental behaviour, but to serve as a model for States to follow.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
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- 2017
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The role of digital access providers 2017, para. 74
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- Remedies may include both financial and non-financial means (Ibid., principle 27). When freedom of expression is impaired, appropriate remedies may include access to grievance mechanisms and information about the violation and guarantees of non-repetition. Users whose accounts have been wrongly suspended may want the satisfaction of being heard and provided with explanations and assurances of non-repetition.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 23
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- Sixteen institutions made submissions for the compilation of the present report, which I supplemented with interviews and consultations. Despite extensive outreach, dozens of intergovernmental organizations and agencies within the United Nations system did not respond to the mandate’s call for submission. I was particularly disappointed not to receive a submission from the Secretariat of the United Nations Headquarters in New York. While organizations that did not make any submission may have some kind of access-to-information policy in place, 10 organizations that made submissions have formal access-to-information, disclosure or transparency policies; two are currently drafting policies; one does not have a formal access-to-information policy but provides access through an array of its policies; and three do not have any information access policies. Based on research, it appears that most international organizations lack binding policies to protect and promote the right of access to information. Put another way, based on my research, with a few notable exceptions, intergovernmental organizations have failed to create mechanisms that can penetrate their opacity and enable easy access to their operations. Most egregiously, the United Nations does not have an access-to-information policy that applies to every department and specialized agency; it does not even have ad hoc standards for response to access-to-information requests.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Governance & Rule of Law
- Personas afectadas
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- N.A.
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- 2017
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Access to information in international organizations 2017, para. 15
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- During the period of normative expansion in the establishment and work of human rights bodies, States were also adopting legislation to implement the right to information, while many incorporated a right to information as a matter of constitutional law. At the domestic level, States have increasingly opened up the workings of government as a matter of law, if not always achieving the best implementation practices. Nevertheless, the environment of confidentiality and withholding that tends to prevail within bureaucracies and in political leadership around the world remains difficult to eliminate. A prevailing exclusion of national security information from right-to-information legal frameworks encourages a tendency to look at disclosures, even those of the highest public interest without meaningful harm to governmental interests, as contrary to “the national interest”. Such attitudes put significant negative pressure on access-to-information laws, and they may have a spill-over effect beyond traditional national security environments. In short, while the legal framework for access to information has improved globally, open government still faces significant barriers in terms of overcoming attitudes and instilling implementation practices.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Governance & Rule of Law
- Personas afectadas
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- N.A.
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- 2017
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The role of digital access providers 2017, para. 20
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- Laws that require private actors to create large databases of user data accessible to the government raise necessity and proportionality concerns. In Kazakhstan, telephone numbers, e-mail and Internet Protocol (IP) addresses and billing information must be stored by the provider for two years. The Russian Federation requires private actors to store the content of all their customers’ calls and text messages for six months, and related communications metadata for three years. Both countries also require such data to be stored locally. In countries where mobile phones are a dominant means of communication, mandatory SIM card registration laws effectively require the majority of the population to divulge personally identifiable information (see A/HRC/29/32, para. 51). The mandatory retention of large amounts of user data runs contrary to established due process standards, such as the need for individualized suspicion of wrongdoing.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Governance & Rule of Law
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- 2017
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The role of digital access providers 2017, para. 77
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- The Human Rights Council, in its resolution 32/13, condemned unequivocally measures to intentionally prevent or disrupt access to or dissemination of information online in violation of international human rights law, and called upon all States to refrain from and cease such measures. This condemnation, which is critical to the Council’s promotion of human rights online, should be supplemented and specified. Intentional prevention or disruption of access includes any action that shuts down or renders ineffective access to telecommunications networks, mobile services, social media platforms and so forth. Future work of the Council that clarifies the rules that apply to digital access, as outlined in this report, would advance the right to freedom of opinion and expression online.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 17
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- Recognition of the right to information, consistent with article 19 of the International Covenant, has come with the acknowledgment that access to information may be subject to limitations. Those limitations, originating in article 19 (3), must be provided by law and be necessary and proportionate in order to protect the rights or reputations of others, national security or public order or public health or morals. I have previously reviewed how the restrictions permissible under article 19 (3) apply in the context of freedom of information (A/70/361, paras. 8-13). How international organizations might translate the norms of the International Covenant for the purposes of their own access-to-information initiatives is discussed below.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
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- N.A.
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- 2017
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Access to information in international organizations 2017, para. 14
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- In parallel with the work of the Human Rights Committee and its special procedures mechanisms, the Human Rights Council and the General Assembly also articulated the importance of freedom of information. As recently as 2016, the Council called upon all States to ensure disclosure of information held by public authorities and “to adopt transparent, clear and expedient laws and policies that provide for the effective disclosure of information held by public authorities and a general right to request and receive information, for which public access should be granted, except within narrow, proportionate, necessary and clearly defined limitations”. Access to information has become a standard element of other human rights treaties (A/70/361, para. 6), and has been widely adopted in international agreements pertaining to development, the environment, food and agriculture and corruption, among other substantive areas. The Aarhus Convention provides an example of international agreement that access to information, public participation in decision-making and access to justice in environmental matters, an area of major public interest, “contribute[s] to the protection of the right of every person of present and future generations to live in an environment adequate to his or her health and well-being”. Similarly, in recognition of the essential role played by the right to freedom of information, Sustainable Development Goal 16 links access to information to good governance, human rights and accountability and calls on all Member States to adopt and implement public access to information laws and policies (resolution 70/1, paras. 16.6-16.10).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Environment
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 60d
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- [International organizations, especially the United Nations, should:] Ensure that policies include the main elements identified above, in particular, proactive, clear, searchable and secure disclosures; comprehensive policies with binding rules; clear rules about what information may be withheld; effective complaint and appeals mechanisms; strong implementation, review and monitoring systems; and independent whistle-blowing protections.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Civil & Political Rights
- Governance & Rule of Law
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- 2017
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The role of digital access providers 2017, para. 23
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- Network neutrality — the principle that all Internet data should be treated equally without undue interference — promotes the widest possible access to information. In the digital age, the freedom to choose among information sources is meaningful only when Internet content and applications of all kinds are transmitted without undue discrimination or interference by non-State actors, including providers. The State’s positive duty to promote freedom of expression argues strongly for network neutrality in order to promote the widest possible non-discriminatory access to information.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
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- 2017
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The role of digital access providers 2017, para. 52
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- Due diligence processes enable a digital access provider to identify, prevent and mitigate the human rights impacts of its activities (see A/HRC/17/31, annex, principle 19). While one-size-fits-all due diligence approaches are neither possible nor advisable, human rights impact assessments provide a means of assessing and addressing risks to freedom of expression and privacy. Due diligence involves at least the following.
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- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
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- Special Procedures' report
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- Governance & Rule of Law
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- N.A.
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- 2017
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The role of digital access providers 2017, para. 5
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- International human rights law establishes the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers, and through any media of his or her choice (see Universal Declaration of Human Rights, art. 19; and International Covenant on Civil and Political Rights, art. 19). The Human Rights Council and General Assembly have reiterated that the freedom of expression and other rights apply online (see Council resolutions 26/13 and 32/13; General Assembly resolution 68/167; and A/HRC/32/38). The Human Rights Committee, previous mandate holders and the Special Rapporteur have examined States’ obligations under article 19 of the Covenant. In short, States may not interfere with, or in any way restrict, the holding of opinions (see art. 19 (1) of the Covenant; and A/HRC/29/32, para. 19). Article 19 (3) of the Covenant provides that States may limit freedom of expression only where provided by law and necessary for the respect of the rights or reputations of others, or for the protection of national security or of public order (ordre public), or of public health or morals (see Human Rights Committee general comment No. 34 (2011); A/71/373; and A/HRC/29/32).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
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- 2017
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Access to information in international organizations 2017, para. 56
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- International organizations must open themselves up to greater public scrutiny and participation if they are to thrive. Their leaders seem to recognize this, as is evident in their extensive websites, professional (if underresourced) communications offices and the public presence of a great number of officials of intergovernmental organizations in social, broadcast and print media. However, apart from a handful of exceptions noted herein, this recognition on their part does not generally lead to policies that promote and regularize the exercise of the right to information. Why this is so is not difficult to understand: with perhaps the exception of the work of the Security Council and the Secretary-General, and high-level ministerial meetings of Heads of State and Government, intergovernmental organizations generally conduct their day-to-day operations far from the media’s gaze, a situation that changes only in the event of scandal or abuse. The absence of that gaze, and the haze generated by large and difficult to penetrate bureaucracies, means that officials generally do not feel the pressure to release information. This, however, is a mistake.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
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- 2017
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The role of digital access providers 2017, para. 76
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- Individuals depend on digital access to exercise fundamental rights, including freedom of opinion and expression, the right to life and a range of economic, social and cultural rights. They also regularly face obstacles to access: from shutdowns to surveillance. The present report is largely concerned with the obstacles that deny, deter or exclude expression through blunt reliance on digital censorship. The present report has not addressed other serious obstacles — such as the lack of adequate connectivity infrastructure, high costs of access imposed by government, gender inequality, and language barriers — that also may constitute forms of censorship. Much of it therefore focuses on the roles and obligations of States. But States increasingly exercise censorship through the private sector. The report has aimed not only to address the constraints on State action under human rights law but also the principles that private actors should observe in respecting human rights. Key recommendations, already highlighted in the analysis above, are set out below.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
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- 2017
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Access to information in international organizations 2017, para. 7
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- These general points about access to information are hardly controversial today in discussions of governmental power and policy. A majority of Governments around the world have adopted freedom of information laws, with varying degrees of robustness and levels of implementation. But the movement for open government has largely bypassed global institutions — not totally, but so significantly that “access to information” carries very little currency within the centres of international governance. Ask an international official about access to information and one is more likely to hear about websites and archive policy (extremely important information, but not exactly to the point) than the public’s ability to gain access to the contemporary workings or failings of or debates within intergovernmental organizations or institutions. This is not to begrudge the work done by intergovernmental organizations during the decades of the digital revolution to open up their workings to the public. Whereas researchers and journalists once had to carry out their work at physical libraries serving as repositories for the documentation of the United Nations and other intergovernmental organizations, vast amounts of material may now be found on websites, including recently adopted material, which can sometimes be traced within days (and sometimes hours) of adoption. Public information officers should be congratulated for their willingness to ensure the widespread accessibility of official documents. Similarly, there are examples of organizations and agencies opening up files on their spending and contracting to public scrutiny, although with varying degrees of success.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 16
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- Human rights law also recognizes connections between the right to freedom of expression as contained in article 19 of the International Covenant on Civil and Political Rights and other rights. The right to information is also closely connected to article 25 (1) of the International Covenant, which protects every citizen’s right and opportunity to “take part in the conduct of public affairs”. The Human Rights Committee has emphasized the importance of freedom of information to public participation “without censorship” (CCPR/C/21/Rev.1/Add.7, para. 25). The Office of the United Nations High Commissioner for Human Rights (OHCHR) reiterated and expanded on this point (and others) in its 2015 report on the promotion, protection and implementation of the right to participate in public affairs in the context of the existing human rights law (A/HRC/30/26).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 61d
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- [The political bodies of the United Nations, especially the General Assembly and Human Rights Council, and other intergovernmental organizations should:] Promote knowledge of access to information policies, including through the provision of clear information on websites and active dissemination and promotion of those policies to staff and stakeholders.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 6
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- Where rule of law prevails, Governments and Government officials stay accountable to their citizens through a variety of mechanisms. Too often, however, accountability is a chimera, and nowhere is this more evident than in situations where authorities withhold information from the public. Without freedom to access information of all kinds — in particular when Governments withhold information from the public and its judicial, legislative and media mechanisms — abuses may take place, policies affecting the general welfare may not be tested and improved and overall public engagement and participation diminishes, often by design. By contrast, information-rich environments help promote good decision-making and meaningful public debate, building credibility for public institutions. Even if implementation may not always meet the highest standards, Governments have recognized this fundamental point, at the intersection of good, open government and the human right of access to information, recognizing that the credibility of public authorities depends on their willingness to engage with those who fund their work and elect their key officials — the members of the public.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
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- 2017
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The role of digital access providers 2017, para. 17
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- Government surveillance today relies on access to communications and associated data belonging to users of privately owned networks. While such access frequently requires the assistance of private actors, it may also be obtained without their knowledge or involvement. As with other forms of surveillance, government access to user data may interfere with privacy in a manner that can both directly and indirectly limit the free development and exchange of ideas (see A/HRC/23/40, para. 24). Undue access to personal data implicitly warns users to think twice and possibly avoid controversial viewpoints, the exchange of sensitive information and other exercises of freedom of expression that may be under government scrutiny (see A/HRC/27/37, para. 20).
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
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- Año
- 2017
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Access to information in international organizations 2017, para. 10
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- The right to information under international law has its roots in article 19 of the Universal Declaration of Human Rights and in article 19 of the International Covenant on Civil and Political Rights. As formulated in the International Covenant, everyone enjoys the “freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”. The Human Rights Committee has provided a clear enunciation of what the right involves, emphasizing that article 19 “embraces a right of access to information held by public bodies”. “Such information”, the Committee noted, “includes records held by a public body, regardless of the form in which the information is stored, its source and the date of production” (CCPR/C/GC/34, para. 18). Moreover, the Committee emphasized that the right does not merely depend on public authorities’ reaction to requests for information: “To give effect to the right of access to information, States parties should proactively put in the public domain Government information of public interest. States parties should make every effort to ensure easy, prompt, effective and practical access to such information. States parties should also enact the necessary procedures, whereby one may gain access to information, such as by means of freedom of information legislation. The procedures should provide for the timely processing of requests for information according to clear rules that are compatible with the Covenant. Fees for requests for information should not be such as to constitute an unreasonable impediment to access to information. Authorities should provide reasons for any refusal to provide access to information. Arrangements should be put in place for appeals from refusals to provide access to information as well as in cases of failure to respond to requests (CCPR/C/GC/34, para. 19).”
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 53
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- Third, the United Nations whistle-blower policy provides that: “The individual must make the report in good faith and must submit information or evidence to support a reasonable belief that misconduct has occurred” (ST/SGB/2017/2, para. 2.1 (a)). In the context of whistle-blowing, a “good faith” requirement should not require justification other than the fact that the whistle-blower aims to disclose waste, fraud, abuse or some other illegal conduct. It should not be understood to require or permit any kind of inquiry into other motives that the whistle-blower may have.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Civil & Political Rights
- Governance & Rule of Law
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- 2017
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Access to information in international organizations 2017, para. 45
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- Intergovernmental organizations, like many (if not all) bureaucratic institutions, prize some measure of secrecy and the ability to work outside the public eye. In order to chip away at the secrecy embedded in large institutions, implementation must continue throughout the life of an access policy, including through education of the staff and leadership. The World Bank has developed a staff handbook, a mandatory training programme, workflow automation and records management systems, including dedicated websites, to provide easy access to documents (including an online portal for users to submit requests for information). Such internal programming is necessary to ensure that access to information becomes a part of organizational culture, understood as the responsibility of a public institution rather than an interference with its work.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
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- Special Procedures' report
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- Governance & Rule of Law
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- N.A.
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- 2017
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Access to information in international organizations 2017, para. 57
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- Intergovernmental organizations should make efforts now to create openness and to establish policies and infrastructure that not only provide information of all kinds but also promote such requests. Intergovernmental organizations should welcome the opportunities to provide transparency because, although transparency can cause embarrassment and, occasionally, give rise to scandal, it also sends a broader message of understanding that public knowledge is critical, especially so since these institutions serve critical public functions. Opacity, by contrast, sends the opposite message: we are distant; our work does not concern you; your support is unnecessary.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
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- N.A.
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- 2017
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Access to information in international organizations 2017, para. 13
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- In 2004, the Special Rapporteur joined with representatives of regional mechanisms for freedom of expression to emphasize the importance of freedom of information as a fundamental right. Together they emphasized that addressing the widespread “culture of secrecy” in public institutions required not only legislation and implementation but also “sanctions for those who wilfully obstruct access to information”.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Civil & Political Rights
- Governance & Rule of Law
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- 2017
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The role of digital access providers 2017, para. 47
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- The digital access industry is in the business of digital expression; its commercial viability depends on users who seek, receive and impart information and ideas on the networks it builds and operates. Since privately owned networks are indispensable to the contemporary exercise of freedom of expression, their operators also assume critical social and public functions. The industry’s decisions, whether in response to government demands or rooted in commercial interests, can directly impact freedom of expression and related human rights in both beneficial and detrimental ways.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
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- N.A.
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- 2017
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The role of digital access providers 2017, para. 80
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- The protective role that States may exercise over the private sector can only go so far. They should not be promoting the economic gain of private entities over users’ rights to freedom of opinion and expression. Thus, States should prohibit attempts to assign priority to certain types of Internet content or applications over others for payment or other commercial benefits.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
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- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
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- N.A.
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- 2017
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Access to information in international organizations 2017, para. 22
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- It bears re-emphasizing that article 19 of the International Covenant guarantees everyone the right to seek and receive information of all kinds, regardless of frontiers. At a minimum, States are obligated not to stand in the way of members of the public receiving information from organizations like the United Nations and its departments and agencies, absent a demonstration of the legitimate application of the limitations found in article 19 (3) of the Covenant. One can go a step further and highlight the broad consensus that States are obligated not only to avoid illegitimate restrictions on access to information but that they should create enabling environments for all rights under article 19 of the Covenant. While intergovernmental organizations clearly enjoy an independent personality under international law, their main policies and legal norms are often the result of the decisions of their Member States. As such, States should encourage the creation of environments that include access to information not merely because of some legalistic approach to intergovernmental organizations and the responsibility of the United Nations but because their citizens — all citizens, everywhere — should enjoy the right to information of all kinds regardless of frontiers, including information about intergovernmental organizations and the United Nations.
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- All
- Año
- 2017
Párrafo