A/HRC/5/5
page 17
measures to guarantee access to State or private information or to make information available to
them.41 Although such a right to be informed is still largely unrecognized in international human
rights case law, the development of the modern information and communication society is
leading to progressive statutory duties to provide information, particularly on the part of the
public administration.42
38. Unlike the current interpretation of international human rights instruments, the Aarhus
Convention on Access to Information, Public Participation in Decision-making and access to
Justice in Environmental Matters43 adopts a rights-based approach to the issue of access to
information by requiring parties to guarantee access to information in environmental matters.
Especially relevant to the issue of release of dangerous products into the environment during
armed conflict, the Convention provides that in the event of imminent threat to human health or
the environment, all information held by the authorities which could enable the public to take
measures to mitigate potential adverse effects, should be immediately disseminated to the
public.44
6. Right to a remedy
39. Where there is a right, there is a remedy. This principle is expressed in article 2,
paragraph 3 (a) of the ICCPR, which guarantees victims of human rights violations an “effective
remedy”. There are two aspects to the right to a remedy: access to justice and substantive
redress. This requires the existence of independent and impartial bodies which have the capacity
to afford redress after a hearing which respects due process guarantees. More and more national
administrative and judicial bodies throughout the world are giving effect to the right to a remedy
in cases alleging violations of constitutional rights to a sound environment, related in some cases
to the right to life or to health. The Committee on Economic, Social and Cultural Rights has
noted that “Any person or group victim of a violation of the right to health should have access to
effective judicial or other appropriate remedies at both national and international levels” and
should be entitled to adequate reparation.45
B. Duty bearers
40. Although States are without any doubt the primary duty bearers under international human
rights law, other actors are present and active during armed conflicts, and as such have an impact
41
M. Nowak, U.N. Covenant on Civil and Political Rights - CCPR Commentary, 2nd revised
edition (Kehl am Rhein, N.P. Engel, 2005), p. 447.
42
Ibid.
43
Adopted in Aarhus, Denmark, June 1998, entered into force on 30 October 2001.
44
Ibid., art. 5.
45
Committee on Economic, Social and Cultural Rights, general comment No. 14 (2000),
para. 59.
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