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Access to Information - Human Right
The document Recommendations on Access to Information
(CP/CAJP-2599/08) discusses on its section III the
antecedents that establish access to information as a human
right.
The document analyses in depth how access to information has
been clearly established as a human right in various
relevant international instruments and in the jurisprudence
of the inter-American system.
Certainly, Article 19 of the International Covenant on Civil
and Political Rights establishes that the right to freedom
of expression includes the right to seek, receive, and
disseminate information. In addition, Article IV of the
American Declaration of the Rights and Duties of Man
recognizes that every person has the right to freedom of
investigation, of opinion, and of the expression and
dissemination of ideas by any medium whatsoever. Article 13
of the American Convention on Human Rights also protects the
right and freedom to seek, receive, and impart information
and ideas of all kinds. Finally, the 2001 Declaration of
Principles on Freedom of Expression of the Inter-American
Commission on Human Rights echoes this right to access to
public information and once again underlines that access to
information held by the state is a fundamental right of
every individual.
Also, the jurisprudence of the Inter-American system has
clarified the meaning and scope of the right to freedom of
expression established in Article IV of the American
Declaration, and with it the right of access to information.
Among these precedents, the document studies the historic
case of Claude Reyes et al vs. Chile, where the
Inter-American Court of Human Rights interpreted that
Article 13 of the Convention recognizes the human right of
access to information and establishes the reach of this
right.
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