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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