scholarly journals LEGAL AND POLICY APPROACHES TOWARD REALIZATION OF THE RIGHT TO ACCESS LEGAL INFORMATION IN TANZANIA

2020 ◽  
Vol 2 (5) ◽  
pp. 01-17
Author(s):  
Omari Issa Ndamungu
Keyword(s):  
Human Rights ◽  
Free Access ◽  
Legal Information ◽  
United Republic ◽  
United Republic Of Tanzania ◽  
Access Information ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
International Instruments

The beginning of 2000 witnessed rising of the Free Access to Law Movements (FALMs) which aimed at encouraging nations to publish and make available all primary legal information in their countries. The FALMs resulted in the promulgation and adoption of the Montreal Declaration on Free Access to Law (MDFAL) of 2002 and the formation of the Legal Information Institutes (LIIs), which began in Europe and then spread to America. There are various lines in Europe and America like the British and Irish Legal Information Institute (BAILII), the Australian Legal Information Institute (AustLII), and the Canadian Legal Information Institute (CanLII). Africa joined in the move in early 2003 by forming the Southern African Legal Information Institute (SAFLII). Tanzania although joined late, is not far from realizing the importance of free access to legal information and LIIs. This is signified by the fact that Tanzania has joined in the FALMs, beginning by subscribing to the MDFAL of 2002, joining the SAFLII in 2013, and of late, establishing her own LII which is the Tanzania Legal Information Institute (TANZLII) in March 2019. The basis of Tanzania to join the FALMs is from the fact that the country is a member of the international instruments which guarantee the right to information. Again, the right to access information is enshrined in the Constitution of the United Republic of Tanzania (CURT) of 1977. More importantly, there is specific legislation providing for enforceability of the right to access information, one of which is legal information. The objective of this article is to analyse legal and policy strategies that are taken by the government of Tanzania in ensuring that access to legal information as one of the human rights is realized in the country.

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

Some Salient Human Rights in the UN Convention on Migrant Workers

1993 ◽  
Vol 2 (2) ◽  
pp. 179-197 ◽  
Author(s):  
L. Rao Penna
Keyword(s):  
Human Rights ◽  
Migrant Workers ◽  
Armed Conflicts ◽  
Specific Context ◽  
International Convention ◽  
Diplomatic Protection ◽  
Import And Export ◽  
Right To Information ◽  
The Right ◽  
International Instruments

The United Nations, being aware of the exploitation of migrant workers particularly illegal immigrants, has adapted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990. Human rights are grouped in two categories: rights available for all migrant workers including the non-documented (Part III) and rights only for documented workers (Part IV). Many of the rights in Part III are a reaffirmation of existing human rights in other international instruments in the specific context of migrant workers. The ingenuity of the Convention lies in the innovation of a large number of hitherto unknown rights like the right to recourse to consular or diplomatic protection, or the right to transfer funds, the right to information regarding working conditions, the right to equality with nationals in educational, social, and health services, as well as the right to exemptions from import and export duties. This paper examines the scope of some of the important human rights in the Convention. It also evaluates the efficacy of the Convention in safeguarding the migrant workers during armed conflicts such as the 1990 invasion of Kuwait by Iraq.

THE STATE OF OPEN ACCESS ADOPTION IN LEGAL SCHOLARLY COMMUNICATION: AN ANALYSIS OF SELECTED OPEN ACCESS RESOURCES

Mousaion ◽  
2016 ◽  
Vol 34 (1) ◽  
pp. 83-100
Author(s):  
Solomon Bopape
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Publishing ◽  
The Internet ◽  
Free Access ◽  
Access To Information ◽  
Legal Information ◽  
Scholarly Literature ◽  
Open Access Resources ◽  
The Right

The study of law focuses, among other aspects, on important issues relating to equality, fairness and justice in as far as free access to information and knowledgeis concerned. The launching of the Open Access to Law Movement in 1992, the promulgation of the Durham Statement on Open Access to Legal Scholarshipin 2009, and the formation of national and regional Legal Information Institutes (LIIs) should serve as an indication of how well the legal world is committed to freely publishing and distributing legal information and knowledge through the Internet to legal practitioners, legal scholars and the public at large aroundthe world. In order to establish the amount of legal scholarly content which is accessible through open access publishing innovations and initiatives, this studyanalysed the contents of websites for selected open access resources on the Internet internationally and in South Africa. The results of the study showed that there has been a steady developing trend towards the adoption of open access for legal scholarly literature internationally, while in South Africa legal scholarly literature is under the control of commercial publishers. This should be an issue for the legal scholarship which, among its focus, is to impart knowledge about the right of access to information and knowledge.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

scholarly journals THE IMPLEMENTATION OF INDONESIA’S PUBLIC POLICY TO IMMIGRATION SELECTIVE POLICY BASED ON LAW NO. 6 OF 2011

2018 ◽  
Vol 1 (2) ◽  
pp. 169-178
Author(s):  
Muhammad Azzam Alfarizi
Keyword(s):  
Public Policy ◽  
Human Rights ◽  
Service Needs ◽  
Human Beings ◽  
The Third ◽  
The Core ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Service Standards

The inherent right of the individual is an affirmation that human beings must be treated properly and civilized and must be respected, as the sounding of the second precept is: "Just and Civilized Humanity". Human rights are manifestations of the third principle, namely: "Indonesian Unity". If all rights are fulfilled, reciprocally the unity and integrity will be created. Rights are also protected and upheld as is the agreement of the fourth precepts that reads: "Democracy Led by Wisdom in Consultation / Representation". Human Rights also recognizes the right of every person for the honor and protection of human dignity and dignity, which is in accordance with the fifth precepts which read: "Social Justice for All Indonesian People" PASTI Values ​​which are the core values ​​of the Ministry of Law and Human Rights which is an acronym of Professional, Accountable, Synergistic, Transparent and Innovative is an expression of the performance of the immigration apparatus in providing human rights based services. If these values ​​are in line with the values ​​contained in Pancasila, the criteria for evaluating human rights-based public services are based on the accessibility and availability of facilities; the availability of alert officers and compliance of officials, employees, and implementers of Service Standards for each service area will be easily achieved. It is fitting that immigration personnel in providing services must be in accordance with the principles of human rights-based services and in harmony with the Pancasila philosophy. This is as an endeavor in fulfilling service needs in accordance with the mandate of the 1945 Constitution, provisions of applicable laws and human rights principles for every citizen and population for services provided by the government in this case Immigration.  

scholarly journals Constitutionalization of digital rights: domestic practice and foreign experience

2020 ◽  
pp. 129-133
Author(s):  
Natalia Verlos
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
Digital Transformation ◽  
Constitutional Rights ◽  
Digital Rights ◽  
Constitutional Level ◽  
European Court ◽  
Right To Information ◽  
The Right ◽  
Digital Human

The article covers the topical problem of constitutionalization of digital human rights in the conditions of digital transformation.The study analyzes doctrinal approaches to the definition of digital human rights as a legal category, the monitoring of the positive internationalexperience of constitutionalization of digital rights, which can be borrowed in the process of the constitutional reform inUkraine.In the study, based on the analysis of normative experience of foreign countries, the author proposes to identify two ways ofdomestic regulation of digital rights: first, it is the constitutionalization of digital rights, with changing the text of the constitution toregulate digital rights at the highest constitutional level, and second, it is the digitization of constitutional rights, when the rightsenshrined in the constitution become updated on the basis of constitutional decisions, the case-law of the European Court of HumanRights or in the relevant legislation.It is proposed to distinguish “digital rights”, including the right to access to electronic devices and telecommunications networks(Internet), the right to protection of personal data, the right to information self-identification, the right to anonymity, the right to be forgotten,the right to free transfer and dissemination of information, etc. However, it should be taken into consideration that in the processof reforming and carrying out constitutional and legal modernization, it is necessary to take into account the possibility and necessityof the realization of fundamental human rights, which are already defined in the Constitution of Ukraine, but are being implemented inthe conditions of digitalization.It is emphasized that in the process of development of the constitutional law of Ukraine the potential of digital transformation isnot realized in full today, and perspective tendencies have such priorities as the development of network forms of interaction, communicativetechnologies of control and planning, formation of qualitatively updated model of digital rights development. Also, in order toincrease the effectiveness of the implementation of digital rights, it is necessary to use the legal reception from countries where constitutionaland legal modernization has already taken place taking into account the digital transformation and has a positive experience ofregulation, including at the highest constitutional level. It should be borne in mind that in addition to ensuring and implementing digitalhuman rights, it is necessary to develop a concept of digital duties and responsibilities for the violation of these rights in order to preventnegative risks and abuse.

scholarly journals Overview Of The Rights Of Person With Disabilities: A Human Rights Approach

2021 ◽  
Vol 5 (IV) ◽  
pp. 34-42
Author(s):  
Dr. Ram Charan Meena,
Keyword(s):  
Human Rights ◽  
Human Beings ◽  
Social Approach ◽  
Persons With Disabilities ◽  
Psychological Barriers ◽  
Contemporary Situation ◽  
The Law ◽  
The Government ◽  
Definition Of ◽  
The Right

Persons with disabilities have the right to enjoy the human rights to life, liberty, equality, security and dignity as human beings. However, due to social apathy, psychological barriers, a limited definition of “disability” entitled to the protection of the law and lack of proper data, persons with disabilities in India remain an invisible category. Although many laws set out to ensure their full and effective participation in society, they remain inadequate as they are based primarily on the discretion of the government. Also, the judiciary acts as the real protector of persons with disabilities whenever an opportunity arises, but it is not possible to approach the judiciary for every request. Unless the foundation of the law is strengthened, persons with disabilities cannot fully exercise their rights. The present research paper mentions the contemporary situation of people with disabilities with the current laws and concepts, and also the researcher believes that it is not only the law that will provide a solution to this problem, it is the change in the outlook of the society which may provide a solution to this problem. Thus, the horizons of the law should be expanded to provide a “human friendly environment” for all persons with disabilities to remove the barriers that impede their development. With timely implementation the time has come for effective legislation to protect their interests and empower their capabilities which are based on “rights–based approach” rather than charity, medical or social approach.

scholarly journals Role of Documentation and Legal Information Network (JDIH) Efforts in Fulfillment of Human Rights

2018 ◽  
Vol 1 (2) ◽  
pp. 371
Author(s):  
Dewi Sukmaningsih
Keyword(s):  
Human Rights ◽  
Communication Technology ◽  
Information Network ◽  
Legal Information ◽  
The People ◽  
Presidential Decree ◽  
Information And Communication ◽  
Protection Of Human Rights ◽  
The Right

Indonesia is a country of law, and one of the characteristics of a state of law is the guarantee and protection of human rights, one of which is the right to obtain information, including the legal information that is information about the legislation both national and local. The principle of fiction (fictie) law states that any person considered to determine the existence of a legislation after its enactment, the ignorance of the people on the legislation, can not be excused. To that end, legislation information should be easily accessible. Issuance of Presidential Decree No. 33 of 2012 on Information and Documentation Network of National Law (JDIHN) isin order to fulfill the right to obtain legal information, especially information legislation. Management of Legal Documentation and Information Network by utilizing information and communication technology (ICT) makes legal information can be accessed quickly, easily, complete and accurate, thereby supporting the fulfillment of human rights, namely the right to obtain legal information properly.Keywords: Documentation and Legal Information Network, Efforts, Fulfillment, Human Rights

scholarly journals International legal guarantees for the realization of human and citizen rights to environmental information

2021 ◽  
Vol 12 (4) ◽  
Author(s):  
Butsmak Artem ◽  
Keyword(s):  
Environmental Information ◽  
Public Authorities ◽  
Legal Norms ◽  
Legal Documents ◽  
Ecological Information ◽  
Right To Information ◽  
The Right ◽  
International Instruments ◽  
Right Of Access ◽  
To Receive

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

Ratifikasi Konvensyen Pertubuhan Bangsa-Bangsa Bersatu terhadap Hak Orang Kurang Upaya: Implikasi dan Realiti dari Dimensi Perundangan dan Kesamarataan

2020 ◽  
Vol 32 (2) ◽  
pp. 297-319
Author(s):  
Norita Azmi ◽  
◽  
Salawati Mat Basir
Keyword(s):  
Human Rights ◽  
Minority Group ◽  
Disabled Persons ◽  
Persons With Disabilities ◽  
Legal Provisions ◽  
Federal Constitution ◽  
Norms And Values ◽  
The Disabled ◽  
The Government ◽  
The Right

Issues related to the disabled right in the country continue to attract criticism and debate, as implementation is very slow and weak. The disabled have the right to live like other normal people, which includes protection in times of danger and emergency. One of the important mechanism for the care of the disabled is through legal means. The government has signed the United Nations Convention on the Rights of Persons with Disabilities (CRPD) as part of its efforts to empower and protect this minority group. As such, the government has taken the initiative to enact the Persons with Disabilities Act 2008 and ratified the Convention on the Rights of Persons with Disabilities (CRPD) in 2010 as one of the government’s commitments in complying with international human rights conventions as long these do not against the Federal Constitution. This article aims to uncover and analyse the legal provisions in Malaysia relating to the disabled and their right to live, as stated in the Federal Constitution and relevant legal provisions. In essence, this shows that Malaysia, as a member of the UN, is bound to adopt international laws and treaties on human rights if these do not violate local norms and values. At the end of the discussion, some ideas are presented as solutions for the government to improve the issue of disabled persons so that in the eyes of the world, Malaysia will be recognized as one of the countries that cares for and defends its disabled, in line with the Convention on the Rights of Persons with Disabilities 2008.

Sign in / Sign up

Export Citation Format

Share Document