Chapter -1
INTRODUCTION
1.1 Introduction
The existence of a right of access to government information is increasingly accepted around the
world, both at the domestic and international levels. At the domestic level, a right to information
is to be found in a growing number of constitutions and since the early 1990s there has been a
huge upsurge in the number of states adopting Freedom of Information laws.1 Internationally, the
existence of a right of access to information is frequently articulated in international human
rights documents; the first ever international convention on access to information2 has been
adopted; and human rights enforcement bodies, both regional and global, have interpreted
existing human rights treaties as protecting a right to information in a range of contexts. The
focus of this article will be on the recognition of a right to information at international level. The
right to information has been most commonly recognized by international human rights treaty
bodies as coming within the scope of the right to freedom of expression though such bodies
have, on occasion, based their recognition of a right to information on the enjoyment of other
rights such as: the right to respect for private life; the right to a fair trial; the right to life; social
and economic rights; and the right to take part in public affairs. One of the themes explored in
this article is that of the implications of the adoption by the treaty monitoring bodies of an
instrumentalist approach to the recognition of the right to information. The development of a
right to information in the context of the realisation of other rights will be considered and the
article will argue that basing the recognition of a right to information on the furtherance of other
rights may operate to limit the development of the right to information and may even have
negative connotations in terms of the enjoyment of such other rights. The research will
commence with a brief discussion of instrumentalism in the context of rights recognition. It will
proceed in Part 2 by tracing the development of a right to information in international human
rights law. Part 3 will evaluate the scope of the right to information as it has evolved in
international human rights law; Part 4 will advocate the recognition of the right to information as
an intrinsic right.
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1.2 Objectives of the Study
• To find out the new methods for effective implementation and enforcement of
RTI Act in Human Right.
• To understand the explores the conceptual basis for the recognition of a right to
information
• To find out the commences by reviewing developments in the recognition of a
right to information in international human rights law
• To find out considers the contribution made by the instrumental approach to the
recognition of a right to information in international human rights law
1.3 Scope and Limitation of the Study
The scope of the study is only limited due to some restrictions but I tried to cover my report
details about Implication of Right to Information as Human Rights. The scope of this research is
limited to the concepts or the theoretical Implication of Right to Information as Human Rights
and those are how they selection of topics, schedule, To find out the new methods for effective
implementation and enforcement of RTI Act in Human Right.
1.4 Methodology of the Study
In any research data collection is very important. Every research involves methods by which
desired result can be achieved in this regard; I have following analytical method to complete this
research the data from secondary sources which include different Acts Newspaper books and
web sites etc.
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1.5 Review of the Literature
By adopting this legislation, Argentina now complies with obligations to which it is beholden in
various international treaties and conventions. These include the Inter-American Human Rights
System, and the United Nations Human Rights Treaty System.
With regards to the Inter-American Human Rights System, this legislation meets the
fundamentals set out by the Inter-American Model Law on Access to Information. This Model
Law incorporates the principles outlined by the Inter-American Court on Human Rights
in Claude Reyes v. Chile, as well as the Principles on Access to Information adopted by the
Inter-American Juridical Committee. Such principles acknowledge the right of access to
information as a fundamental human right.
Furthermore, by adopting this statute, Argentina is operationalizing Article 13 of the American
Convention on Human Rights and Article IV of the American Declaration of the Rights and
Duties of Man.
In terms of the UN human rights system, the new law places Argentina on par with the UN
Covenant on Civil and Political Rights’ Humans Rights Committee. This Committee, through
its General Comment No. 34, construes the Convention as requiring that states parties should
enact the necessary procedures to guarantee access to information by means of freedom of
information legislation that is compatible with the International Covenant on Civil and Political
Rights.
In addition to recognizing access to information as a human right, the Inter-American
Commission on Human Rights highlights that having access to public information enables the
protection of other rights while preventing abuses by the state. At the same time, the right of
access to information is also a tool in the fight against such ills as corruption and
authoritarianism.
In this context, the Argentine law determines that all information in possession of the state is
public and must be available to everyone, except for well-defined cases where information can
be withheld for legitimate reasons. However, in cases of serious human rights violations,
genocide, crimes against humanity and war crimes, information must be disclosed, according to
the Gomez Lund et al. v. Brazil case tried at the Inter-American Court on Human Rights. The
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ruling of this case determined that every person has the right to know the truth about such
violations of human rights.
While a major step has been taken in Argentina by enacting this law, it is important, especially
for authorities, to keep in mind that the implementation stage poses significant challenges for the
full enjoyment of the right of access to information. As international experience and empirical
evidence suggest, the adoption of this kind of legislation is just a milestone on a long road. If this
right is to fulfil its potential, effective implementation must follow.
In order for this to happen, Argentines need to understand that this right belongs to everyone. In
principle, any citizen has the right to request information held by the state, and the state has the
duty to provide it when requested, unless it falls under the exemptions. Moreover, under this law,
the state also has the duty to publish proactively certain information about their activities.
Similarly, it is critical that there is awareness about the law among public servants in the
different branches of government and among the public. If it is well understood, the law will be
better implemented and used, and thus become an essential element of a true democracy.
In conclusion, and notwithstanding challenges ahead, Argentina has taken a strong step forward
while paying its dues to democracy. The right of access to information is now at the disposal of
all Argentines as an empowering tool for the enjoyment of other human rights.
A Human Rights Impact Assessment (HRIA) is an instrument for examining policies, legislation,
programs and projects to identify and measure their effects on human rights. HRIAs provide a
reasoned, supported and comprehensive answer to the question of “how does the project, policy
or intervention affect human rights?” Their fundamental purpose is to help prevent negative
effects and to maximize positive effects. As such, HRIAs are an indispensable part of making
human rights considerations operational in a range of legal and policy contexts. They provide a
framework for systematic human rights methodology and assist in advancing an understanding of
the impact of a range of interventions on human rights and, conversely, of the multifaceted
relevance of human rights to a broad spectrum of other sectors and spheres. In recent years there
has been increasing demand for various actors to undertake HRIAs before adopting and
implementing policies, projects, agreements and programs. The development of this tool is part
of a growing effort by the human rights community to operationalize the relevance of human
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rights in various fields, including development, and thus to advance an understanding of the
ways in which public policies and development projects affect the enjoyment of people’s rights.
HRIAs can contribute to the process of formulating public policies by calling attention to
overlooked human rights effects of a given policy or by projecting human rights into the
decision- making process. They can help influence policy options, foster public participation in
the formulation and monitoring of public policies and strengthen accountability about these
policies.
HRIAs and other types of impact assessments HRIAs have developed out of other types of
impact assessments,
such as environmental impact assessments (EIAs) and social impact assessments (SIAs), which
constitute a well-established practice and are regularly carried out in many countries to evaluate
proposed policies, programs and projects. Although EIAs and SIAs are typically ex ante
assessments, the majority of HRIAs so far have been ex post assessments. While there are
important similarities between HRIAs and other forms of impact assessments, there are also
significant substantive and procedural differences among them. Many of these traditional impact
assessments are implicitly underpinned by human rights values, but the extent to which HRIAs
and these other types of impact assessments overlap depends partly on the type of impact
assessment that HRIAs are compared with and on which specific frameworks are used to analyze
these other types of assessments. Nevertheless, there are some important differences between
HRIAs and other types of impact assessments, which are briefly outlined in this section and
elaborated upon throughout the paper.
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1.6 Conclusion
This section is designed of introduce you with the report you will learn here the Introduction,
objectives of the study, Scope and Limitation of the Study, Methodology of the Study and
Review of the Literature and Conclusion of the report. You will also know in this section how
study is performed.
