A/HRC/41/35/Add.1 II. International legal standards 8. Article 19 (1) of the International Covenant on Civil and Political Rights, ratified by Ecuador in 1969, states that everyone is to have the right to hold opinions without interference. Article 19 (2) states, inter alia, that everyone is to have the right to seek, receive and impart information and ideas of all kinds, regardless of frontiers, through any media of his or her choice. In accordance with article 19 (3), any restriction imposed on those rights must be provided by law and be necessary for respect of the rights or reputations of others or for the protection of national security or of public order, or of public health and morals. 9. Ecuador is also party to other United Nations human rights instruments pertaining to the right to freedom of expression, including the International Covenant on Economic, Social and Cultural Rights (ratification in 1969); the Convention on the Elimination of All Forms of Discrimination against Women (ratification in 1981); and the International Convention on the Elimination of All Forms of Racial Discrimination (accession in 1966). 10. At the regional level, Ecuador is party to the American Convention on Human Rights (ratified in 1977), which enshrines freedom of expression, including the right to information, in article 13. Article 13 (2) provides that the exercise of freedom of expression is not to be subject to prior censorship but is to be subject to subsequent imposition of liability, which must be established by law, pursue one of the aims described in article 13 (2) (a) and (b), and be necessary and proportionate to achieve that objective. Article 13 (3) provides that the right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions. 11. The Declaration of Principles on Freedom of Expression, adopted by the InterAmerican Commission on Human Rights in 2000, states, inter alia, that the imposition of obstacles to the free flow of information violates the right to freedom of expression; that prior censorship must be prohibited by law; and that laws penalizing offensive expressions directed at public officials restrict freedom of expression. It also states that journalistic activities must be guided by ethical conduct, which should in no case be imposed by the State. The Special Rapporteurs encourage the recognition and inclusion of these principles in legal reforms seeking to strengthen freedom of expression in Ecuador. III. Protection of freedom of expression 12. The Special Rapporteurs note that article 11 (3) of the Constitution of Ecuador establishes that the rights and guarantees set forth in the Constitution and in international instruments are to be directly and immediately enforceable by and before any public servant, whether administrative or judicial, ex officio or at the request of a party. In addition, article 426 establishes that judges, administrative authorities and public servants are to directly apply the provisions of the Constitution, and those of international human rights instruments when they are more favourable than those set forth in the Constitution, even when they are not expressly invoked by the parties. 13. Furthermore, the Special Rapporteurs welcome the fact that the Constitution contains provisions guaranteeing various aspects of the right to freedom of expression, such as article 66 (6), which affords broad protections for this right by providing that individuals are entitled to and guaranteed the right to express opinions and thoughts freely in all their forms and manifestations. Similarly, the Constitution has a section on information and communications (arts. 16–20), which provides, inter alia, that the State shall encourage plurality and diversity in communication. In addition, the Special Rapporteurs underscore article 91, on petition for access to public information, and 92, on habeas data proceedings. 14. The right of access to information is also enshrined in the organic law on transparency and access to public information of 2004, whereby its article 2 establishes that the law guarantees and regulates the exercise of the fundamental right of individuals to information in accordance with the guarantees enshrined in the Constitution, the 4