scholarly journals LEGAL AND INSTITUTIONAL FRAMEWORK IN THE FIELD OF USE OF INFORMATION AT THE INTERNATIONAL REGIONAL LEVEL

2020 ◽  
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Public Information ◽  
Regional Level ◽  
Access To Information ◽  
Special Rapporteur ◽  
Council Of Europe ◽  
Model Law ◽  
Right To Information ◽  
The Right

The article analyzes international legal acts (American Convention on Human Rights, Inter-American Model Law on Access to Public Information, Model Law on Access to Information for Africa, Convention for the Protection of Human Rights and Fundamental Freedoms, Declaration on Freedom of Expression and Information, Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Recommendations of the Committee of Ministers of the Council of Europe, Model Law on Informatization, Information and Information Protection, Model Inform Codes for the CIS member states, etc.) adopted within the framework of international intergovernmental organizations (Organization of American States, African Union, Council of Europe, Commonwealth of Independent States, etc.) at the regional level regarding the right to information. It is stated that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media. Attention is paid to the issue of access to public information that is in the use, possession or control of any government agency, including the types of information to be published (organizational structure, functions, responsibilities, procurement procedures, complaint mechanisms, etc.); the article analyzes the procedure for responding to requests for access to public information by public authorities. Attention is drawn to the respect for the right to information in the aspect of use of information and communication technologies. Attention is paid to the activities of specially authorized persons, monitoring institutions, bodies for compliance with international agreements in the field of information (Office of the Special Rapporteur on Freedom of Expression, Special Rapporteur on Freedom of Expression and Access to Information, Advisory Committee, The Council of Europe Data Protection Commissioner etc.). It is indicated that these bodies and officials established at the international regional level perform a number of functions, including: general monitoring of freedom of expression and access to information standards, investigation of specific situations of systemic violations of the right to freedom of expression and denial of access to information, cooperation with national authorities and human rights institutions, consulting Member States etc. The relevant conclusions have been drawn.

scholarly journals Information delayed is justice denied

2019 ◽  
Vol 52 (1-2) ◽  
pp. 1-8
Author(s):  
Jurij Toplak ◽  
Boštjan Brezovnik
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
European Convention ◽  
Access To Information ◽  
Effective Protection ◽  
Public Authorities ◽  
European Court ◽  
Disclosure Of Information ◽  
Access Information ◽  
The Right

European Court of Human Rights ruled in 2016 that the European Convention on Human Rights includes a right to access information held by public authorities. While according to international documents the procedures for accessing information should be ‘rapid’, the courts have yet to rule on what ‘rapid’ means and when the procedures are so long that they violate rights of those asking for information. This article analyses the length of proceedings in access to information cases in Slovenia and Croatia. It shows that these two countries do not have a system of effective protection of rights because the authorities can easily delay disclosure of information for several years. It argues that lengthy procedures violate the right to access the information and the freedom of expression. It then presents solutions for improving access to information procedures in order for them to become ‘rapid’

scholarly journals Globalisation Of Women’s Rights Norms: The Right To Manifest Religion And ‘Orientalism’ In The Council Of Europe

2009 ◽  
Vol 4 ◽  
pp. 39 ◽  
Author(s):  
Charlotte Helen Skeet
Keyword(s):  
Human Rights ◽  
Women's Rights ◽  
Freedom Of Expression ◽  
Women’S Rights ◽  
Council Of Europe ◽  
Equality Rights ◽  
Human Rights Norms ◽  
The Right ◽  
Domestic Law ◽  
General Indicator

Women’s access to and enjoyment of human rights are increasingly being used as a global measure of other “goods” in societies: for instance as a measure of development, a gauge of the health and depth of democracy and as a general indicator of a state commitment and adherence to international responsibilities. Therefore, while the study of women’s relationship to human rights is of considerable importance and interest in itself it is also gaining prominence across a range of other areas of international and domestic law. This might be viewed as a positive indication of the growing strength of women’s human rights norms but it bears closer analysis. Also within this discourse on women’s rights what rights norms are being globalised and how is this occurring? This paper considers how supposedly universalist rhetorics around equality rights can advance ‘orientalist’ and patriarchal discourses in relation to who “women” are and how their rights may be realised. Such discourses may hinder implementation of women’s rights especially for women who are “other.” This is particularly evident in relation to women’s rights to freedom of expression, the manifestation of religious freedom and rights to participate in culture. To illustrate this specific focus is given to the increasing discrimination against Muslim women and to human rights responses in this context within Europe.

Access to Information

2014 ◽  
pp. 126-144
Author(s):  
Monica Teresa Sousa ◽  
Leonardo Valles Bento
Keyword(s):  
Good Governance ◽  
Public Information ◽  
Access To Information ◽  
Federal Law ◽  
Public Authorities ◽  
Governmental Agencies ◽  
Private Interests ◽  
Information Law ◽  
Right To Information ◽  
The Right

Right to information means the right of citizens to have access to information produced by, or held by, public/governmental agencies. This chapter intends to analyze the legal grounds of the right to access to information in Brazil as compared to the best international practice. One of the main risks to good governance and democracy is the use of public resources for private purposes, and the development of new communication technologies, especially the Internet, has revolutionized the manner in which the public interacts with the information available, impacting democratic practices. In November 2011, the adoption of Federal Law 12,527 made Brazil the 89th country in the world, and the 19th in Latin America, to adopt specific legislation implementing the right to access to public information. In Brazil, public authorities, especially the courts, tend to accept easily the allegations of violation of privacy and defamation of those whose interests are harmed or threatened by the broadcasting of information. In the conflict between access to information and private interests, the latter has prevailed. In this context, the Access to Information Law has become a relevant policy to the Brazilian civil society to strengthen and consolidate a democratic political culture and promote institutional maturity.

Legal grounds for restricting access to information: a philosophical aspect

2021 ◽  
Vol 28 (3) ◽  
pp. 64-73
Author(s):  
Oleh M. Omelchuk ◽  
Mariia P. Muzyka ◽  
Mykola O. Stefanchuk ◽  
Iryna P. Storozhuk ◽  
Inna A. Valevska
Keyword(s):  
Human Rights ◽  
Personal Information ◽  
Communication Technologies ◽  
Security And Privacy ◽  
The Internet ◽  
Free Access ◽  
Constitutional Rights ◽  
Access To Information ◽  
Right To Information ◽  
The Right

The rapid spread of the Internet and communication technologies raises the issue of access to information, especially access to information via the Internet. The amount of information on the network is constantly increasing, and at the same time more and more efforts are being made to limit users' access to it to some extent. The more restrictions state bodies create in this area, the more efforts are made to circumvent or violate these prohibitions. Free access to information in a democratic society should be the rule, and restriction of this right – the exception. These restrictions should be clearly defined by law and applied only in cases where legitimate and vital interests, such as national security and privacy, need to be respected. The main purpose of this study is to consider the legal and socio-philosophical aspects of access to information. Restricting access to documents as media has been practiced since ancient times. The study highlights the existing inconsistencies and lags in the implementation of the principles of exercise of the right to information in Ukraine at the level of laws and subordinate legislation. The study classifies information according to the nature of restrictions (exercise) of constitutional rights and freedoms in the information sphere. It was discovered that the legislation of Ukraine does not systematise the list of confidential information in a single regulation in contrast to the Russian Federation and provides the main types of confidential personal information. It was found that restrictions on any freedoms and human rights, including in the information space, can be established with the help of various regulators, the dominant among which are the following levels of implementation: legal (legislative); moral self-consciousness of society; autonomy of the person. Features and spheres of action of regulators of restriction of freedoms and human rights are described. To restrict access to information, various methods are used to protect it from unauthorised receipt, which can be divided into two groups: formal and informal

scholarly journals El reconocimiento y contenido internacional del acceso a la información pública como derecho fundamental

2018 ◽  
pp. 279
Author(s):  
Lorenzo Cotino Hueso
Keyword(s):  
Latin America ◽  
Public Information ◽  
Access To Information ◽  
Council Of Europe ◽  
America Latina ◽  
The Right ◽  
Right Of Access ◽  
Sobre Todo ◽  
The Eu

El estudio analiza el paulatino reconocimiento internacional y supranacional del derecho de acceso a la información pública como un derecho fundamental. En el ámbito mundial y especialmente en América Latina y también en la UE es un proceso muy avanzado. Ello ha influido en los últimos años en el Consejo de Europa. Además de declaraciones y el Convenio 205, es especialmente significativa la acción del TEDH desde 2009 y, sobre todo, con su sentencia de noviembre de 2016. Se analiza el nuevo test para saber si el derecho de acceso a la información tiene o no la protección de derecho fundamental en cada caso concreto.The study analyzes the gradual international and supranational recognition of the right of access to public information as a fundamental right. This is a very advanced process worldwide, and especially in Latin America and the EU. For the Council of Europe, beyond declarations and Convention 205, it is analyzed. Anycase the focus is on the ECHR’s action since 2009 and, above all, its judgment of November 2016. The new test to know whether or not the right of access to information has the protection of fundamental right in each specific case is examined.

Information Ethics: Codes, Cases and Conclusions

2003 ◽  
Vol 3 (1) ◽  
pp. 44-50 ◽  
Author(s):  
Laurence W. Bebbington
Keyword(s):  
Human Rights ◽  
Information Society ◽  
Freedom Of Expression ◽  
Information Ethics ◽  
Free Access ◽  
Access To Information ◽  
Ethics Codes ◽  
Right To Education ◽  
Cultural Life ◽  
The Right

“If the Information Society is to be both open and universal it should develop along the principles embodied in the Universal Declaration of Human Rights. They are, among others, the right to freedom of expression, free access to information, the right to education and the right to participate in cultural life.’ (UNESCO 2000)

scholarly journals The Conflicting Implications of the Right to Information as Recognised by Public International Law

2018 ◽  
Vol 24 (2) ◽  
pp. 212-220
Author(s):  
Bilyana Borisova Manova
Keyword(s):  
International Law ◽  
Freedom Of Expression ◽  
Public Affairs ◽  
Private Life ◽  
Public Access ◽  
Access To Information ◽  
Public Authorities ◽  
Political Processes ◽  
Right To Information ◽  
The Right

Abstract The present article outlines the most significant stages in the gradual development of international law towards a recognition of a right to information. It explores the instruments and judicial decisions in which this right has been acknowledged as well as the conditions under which it may be exercised including the categories of requesters entitled to it, the kinds of information that may be accessed and the purposes of such access. The article further examines the manifold and often conflicting aspects of the right to information and its relation to concepts such as democracy, security, freedom of expression, right to private life, corporate secrets, investigating journalism and whistleblowers. In particular, it analyses the importance of the access to information about the exercise of political power by public authorities and the crucial role it should play in enabling wellfunctioning democratic societies where responsible government, public scrutiny over the political processes and a right to an informed participation in public affairs is effectively guaranteed to all citizens. However, the risks that the public access to information poses to national security and to the well-recognized right to private life are also taken into account

scholarly journals ENVIRONMENTAL PROTECTION AS FUNDAMENTAL RIGHT GUARANTEED TO THE EUROPEAN LEVEL

2020 ◽  
Vol 14 (2) ◽  
pp. 121-130
Author(s):  
Alina Gentimir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Healthy Environment ◽  
Right To Information ◽  
The Right

The article examines, in a comparative perspective, both legal framework of the European Union and Council of Europe and case law of the Court of Justice of European Union and European Court of Human Rights in order to highlight superior level of the right to a healthy environment European protection. The multitude of concepts related to the environmental protection and their connections require compulsory conceptual delimitations. As other international and regional organizations, the European Union expresses interest in environmental protection, consecrating to it numerous legal instruments, the most relevant of these, in terms of human rights, being the Charter of Fundamental Rights, in which (Article 37) is provided expressly that environmental protection is a fundamental right, unlike the Council of Europe where this right is recognized only as an indirect right. Affiliation of this right to a certain category of rights – global rights, solidarity rights or individual or collective rights – has been a source of both doctrinal and jurisprudential disputes. Genuine interdependence with other fundamental rights such as the right to life, the right to private and family life, right to property and right to information ensues from the substance of the right to protection of the environment. The presentation of the principles which outline the content of the right in discussion emphasizes that the Charter text was drafted in accordance with the latest developments in the field of normative and jurisprudential environment established at international, regional and national levels, respectively, in interaction with the principle of sustainable development. Finally, an analysis of the most frequent modalities of environmental degradation contributes to find proper mechanisms for a better guarantee of the respect of environmental protection as a fundamental right.

scholarly journals Right to freedom of religion and the principle of neutrality of the state in in the case-law of the European Court of Human Rights and the decisions of the Committee of Ministers of the Council of Europe. Ukrainian Perspective and view to the future

2020 ◽  
Vol 3 ◽  
pp. 41-55
Author(s):  
Pavlo Pushkar ◽  
Oleksii Ivanets
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Case Law ◽  
Freedom Of Religion ◽  
Council Of Europe ◽  
Effective Protection ◽  
European Court ◽  
Margin Of Appreciation ◽  
The Right ◽  
Collective Dimension

This article suggests a review of the case-law of the European Court of Human Rights and the practices of the Committee of Ministers of the Council of Europe as sources of evaluation of the material and procedural requirements as to the right to freedom of expression. These practices, being synchronised and coherent, are aimed at ensuring implementation of the requirements of the Convention. The right to freedom of expression reflects several aspects of realisation of this right – its realisation as an individual and its collective dimension – together with other persons, or even refusal to exercise a right to freedom of religion. Also, most importantly, the article deals with the requirements of the procedural protection of this right, supplemented guarantees of preventive nature and procedural nature aimed at ensuring effective protection of the right domestically. Such measures include domestic administrative or judicial action. The right to freedom of religion is a right, which integrates some aspects of its subsidiary implementation. In particular, in determining existence of legitimate aim and proportionality of interference with the right to freedom of religion. The article also discusses the relevance of “margin of appreciation” and “proportionality” as elements that influence academic discussions and public criticism of some of the approaches taken by the European Court of Human Rights in assessing compliance of measures taken by the states to limit exercise of freedom of religion.

scholarly journals Anonymization of Court Decisions: Are Restrictions on the Right to Information in “Accordance with the Law”?

2016 ◽  
Vol 9 (2) ◽  
pp. 150-170
Author(s):  
Edita Gruodytė ◽  
Saulė Milčiuvienė
Keyword(s):  
Human Rights ◽  
Freedom Of Expression ◽  
Legal Regulation ◽  
Court Decisions ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
European Court ◽  
The Law ◽  
Right To Information ◽  
The Right

Abstract In Lithuania rules for the anonymization of court decisions were introduced in 2005. These rules require automatic anonymization of all court decisions, which in the opinion of the authors violates the public interest to know and freedom of expression is unjustifiably restricted on behalf of the right to privacy. This issue covers two diametrically opposed human rights: the right to privacy and the right to information. The first question is how the balance between two equivalent rights could be reached. The second question is whether this regulation is in accordance with the law as it is established in the national Constitution and revealed by the Constitutional Court of the Republic of Lithuania and developed by the jurisprudence of the European Court of Human Rights. The authors conclude that the legislator is not empowered to delegate to the Judicial Council issues which are a matter of legal regulation and suggest possible solutions evaluating practice of the Court of Justice of the European Union, the European Court of Human Rights, and selected EU countries.

Sign in / Sign up

Export Citation Format

Share Document