Freedom of Information: A Comparative Legal Survey - Federation of ...

International Standards
and Trends
The original version of this book, published in 2003, tentatively stated that, collectively, the evidence, primarily
international statements by authoritative bodies, supported the conclusion that the right to information
had been internationally recognised. Since that time, there have a number of important developments.
A number of new and more emphatic statements to the effect that access to information held by public
bodies is a fundamental human right have been issued. Very signifi cantly, for the fi rst time, an international
court, the Inter-American Court of Human Rights, has specifi cally held that the general right to freedom of
expression, as guaranteed under international law, encompasses the right to information.
In 2003, the idea that the right to information had been internationally recognised as a fundamental human
right was a bold claim, and so the claim was phrases somewhat tentatively. This is no longer the case and
there is very widespread support for this contention. While there are no doubt those who would dispute this
claim, they are fl ying in the face of history and in the face of increasing evidence to the contrary.
As noted, numerous international bodies with responsibility for promoting and protecting human rights
have authoritatively recognised the fundamental human right to access information held by public bodies,
as well as the need for effective legislation to secure respect for that right in practice. These include the
United Nations, regional human rights bodies and mechanisms at the Organization of American States,
the Council of Europe and the African Union, and other international bodies with a human rights mandate,
such as the Commonwealth.
The primary basis identifi ed in these statements for the right to information is as an aspect of the general
guarantee of freedom of expression, and this is the main focus of this chapter. In addition to setting out
international standards on the right to information, this chapter also outlines key developments at the
national level, on the basis that these demonstrate general recognition of the human rights status of
access to information. There is a growing consensus at the national level that access to information is a
human right, as well as a fundamental underpinning of democracy. This is refl ected in the inclusion of the
right to information among the rights and freedoms guaranteed by many modern constitutions, as well as
the dramatic increase in the number of countries which have adopted legislation giving effect to this right
in recent years.
The right to information has also been linked to the right to the environment, to information about human
rights and to the right to take part in public affairs. A right to access information held by public bodies has
also been linked to pragmatic social objectives, such as controlling corruption. All of these are discussed
briefl y in this chapter.
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