Following a two year consultation and debate, the UN’s Human Rights Committee recently released “General Comment No. 34” on how freedom of expression and opinion rights should be interpreted and applied.
Article 19 of the UN’s International Covenant on Civil and Political Rights, in force since March 1976, mandates freedom of expression and provides that; “Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers…”
The committee summarized that freedom of expression was a meta-right in that it is “essential for the promotion and protection of human rights”. Freedom of expression, and by extension freedom of information, are necessary in a transparent and accountable society.
In their comment, the committee directed a number of points specifically to the right of access to information. They recognise that governments have a responsibility to both disseminate and pro-actively put in the public domain information of public interest.
Individuals have the right to access “records held by a public body, regardless of the form in which the information is stored, its source and the date of production.” They should also have the right to ascertain which public authorities control their files, and have incorrect personal date in those files corrected.
UN member states should make “every effort to ensure easy, prompt, effective and practical access to such information.” Fees should not be an impediment to access to information.
The Committee’s comments are considered to be an authoritative interpretation of the freedoms afforded by article 19 and will therefore influence legal developments on the subject globally.
The last General Comment relating to freedom of expression were issued in 1983.
The International Covenant on Civil and Political Rights is binding on more than 165 countries worldwide.
Related Videos
