A/HRC/30/40
understand and prevent disproportionate implications and impacts of hazardous substances
and wastes on individuals and specific population groups, including different ages,
incomes, ethnicities, genders as well as minorities and indigenous peoples. The right to
information should be implemented with particular care so that no one is excluded through
direct or indirect discrimination, particularly through the imposition of unreasonable
eligibility conditions or inattention to their particular circumstances.
D.
Limitations to the right to information on hazardous substances
and wastes
38.
Confidentiality claims must be legitimate in accordance with international human
rights standards. Under the principle of maximum disclosure there is a presumption that all
information held by public bodies should be subject to disclosure, subject to a narrow set of
public-interest limitations. To this end, the right to information is subject to certain
legitimate, public-interest limitations in accordance with article 19 (3) of the International
Covenant on Civil and Political Rights. Any limitation must be provided by law; it must be
to protect the rights or reputation of others or to protect national security, public order,
public health or morals; and it must be proved to be necessary and to be no more restrictive
than is required to achieve the purported aim (see A/HRC/14/23, paras. 72–87).
39.
An analysis of relevant human rights provisions indicates several common criteria,
namely, conformity with the law, principle of legitimacy, principle of proportionality and
necessity, reasonable purpose and objective and protection of the right of others (see
A/68/362, para. 51). Grounds for refusal of access to information should be interpreted in a
restrictive way, taking into account the public interest served by disclosure. The balancing
of interests is widely established under national and international laws. It is not legitimate
to limit access to information because the information seeker did not provide an interest or
reasons for the request to access information. 27
40.
It is generally acknowledged that there is an overriding public interest in the
disclosure of information concerning serious violations of human rights and humanitarian
law (see A/68/362, para. 37). Article 6 of the Declaration on the Right and Responsibility
of Individuals, Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms expressly provides that everyone
has the right to information regarding human rights violations. Countries have laws to
override confidentiality claims in cases where the information requested relates to human
rights violations or is relevant to investigate, prevent or avoid violations thereof.
41.
Among the types of information that should never be confidential is information
about systematic or widespread human right violations, and information about other
violations of human rights that would prevent accountability, meaningful public
participation or access to an effective remedy (ibid.). The potential for the mismanagement
of hazardous substances and wastes to lead to systematic or widespread human rights
violations is widely known.
42.
To this end, certain types of information about hazardous substances cannot be
legitimately claimed as confidential. It is not legitimate to claim that public health and
27
10
UNEP, Guidelines for the Development of National Legislation on Access to Information, Public
Participation and Access to Justice in Environmental Matters (2010), guideline 1; Claude Reyes et al.
v. Chile, Series C No. 151, 19 September 2006, Inter-American Court of Human Rights; and the
Convention on Access to Information, Public Participation in Decision-Making and Access to Justice
in Environmental Matters, art. 4, para. 1 (a).
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