A/HRC/14/23
prevent, punish, investigate and provide redress for harm caused by private persons or
entities; and (c) to give effect to that right or to take positive or proactive measures to
permit the realization of that right.
26.
As stipulated in resolution 12/16 of the Human Rights Council, “the exercise of the
right to freedom of opinion and expression is one of the essential foundations of a
democratic society, is enabled by a democratic environment, which offers, inter alia,
guarantees for its protection, is essential to full and effective participation in a free and
democratic society, and is instrumental to the development and strengthening of effective
democratic systems” (second preambular paragraph).
27.
The importance of the right to freedom of opinion and expression for the
development and reinforcement of truly democratic systems lies in the fact that this right is
closely linked to the rights to freedom of association, assembly, thought, conscience and
religion, and participation in public affairs. It symbolizes, more than any other right, the
indivisibility and interdependence of all human rights. As such, the effective enjoyment of
this right is an important indicator with respect to the protection of other human rights and
fundamental freedoms.
28.
Thus, the right to freedom of opinion and expression should also be understood to be
an essential instrument for the promotion and protection of other human rights. It is an
important tool for combating impunity and corruption, as well.
29.
Furthermore, freedom of opinion and expression, although an individual right in the
broadest sense of its enjoyment, is also a collective right. It endows social groups with the
ability to seek and receive different types of information from a variety of sources and to
voice their collective views. This freedom extends to mass demonstrations of various kinds,
including the public expression of spiritual or religious beliefs or of cultural values. It is
also a right of different peoples, who, by virtue of the effective exercise of this right, may
develop, raise awareness of, and propagate their culture, language, traditions and values.
1.
Right of access to information
30.
As provided for in article 19 of the International Covenant on Civil and Political
Rights, everyone has the right to seek information (which goes beyond simply being
passive recipients of information); the exercise of this right may be subject to restrictions as
specified in article 19, paragraph 3.
31.
The Human Rights Committee has emphasized the importance of the right of
citizens to be informed of the activities of public officials and to have access to information
that will enable them to participate in political affairs. In a democracy, the right of access to
public information is fundamental in ensuring transparency. In order for democratic
procedures to be effective, people must have access to public information, defined as
information related to all State activity. This allows them to take decisions; exercise their
political right to elect and be elected; challenge or influence public policies; monitor the
quality of public spending; and promote accountability. All of this, in turn, makes it
possible to establish controls to prevent the abuse of power.
32.
Governments should take the necessary legislative and administrative measures to
improve access to public information for everyone. There are specific legislative and
procedural characteristics that any access-to-information policy must have, including:
observance of the principle of maximum disclosure; the presumption of the public nature of
meetings and key documents; broad definitions of the type of information that is accessible;
6
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