75
Covenant on Civil and Political Rights, establish a positive right to seek and
receive information.295
197. The Court has also established that Article 13 of the Convention, in
expressly stipulating the rights to seek and receive information, protects the right
of every person to request access to information under State control, with the
conditions permitted under the regime of restrictions of the Convention. As a
consequence, said Article protects the right of persons to receive said information
and the positive obligation of the State to provide it, in a way that the person will
be able to know this information or receive a well-founded response when, under
one of the reasons permitted by the Convention, the State is able to limit access
to it in that specific case. Said information must be handed over without the
necessity of having to prove a direct interest or personal involvement in the
procurement of said information, with the exception of the cases where a
legitimate restriction applies. Its surrender to a person ought to allow for the
circulation of said information within society in a way that allows persons to know
it, obtain access to it, and evaluate it.296 In this manner, the right to freedom of
thought and expression enshrines the protection of the right to access
information under State control, which also establishes, in a clear manner, the
two dimensions—the individual and social—of the right to freedom of thought and
expression, which must be guaranteed by the State in a simultaneous manner.297
198. In this regard, the Court has highlighted that, the existence of a regional
consensus of States that comprise the Organization of American States on the
importance of access to public information. Moreover, the necessity to protect the
right to access public information has been the objective behind specific orders
issued by the General Assembly of the OAS,298 wherein “[i]t urg[ed] States
Parties to respect and ensure the access to public information of all persons and
[to promote] the adoption of legal provisions or of another nature that are
necessary to assure its recognition and effective application.”299 Likewise, the
General Assembly, in diverse orders, considered that access to public information
is an indispensable requisite for democracy to function, for increased
transparency, and for good governance and that in a representative and
participatory democratic system, the citizenry exercises its constitutional rights
by means of wide-ranging freedom of expression and access to information.300
199. On the other hand, the Inter-American Court has determined that, in a
democratic society, it is indispensable that State authorities be governed by a
295
Cf. Case of Claude Reyes et al., supra note 294, para. 76.
296
Cf. Case of Claude Reyes et al., supra note 294, para. 77.
297
Cf. Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile. Judgment of
February 5, 2001. Series C No. 73, para. 67; Case of López Álvarez, supra note 294, para. 163, and
Case of Claude Reyes et al., supra note 294, para. 77.
298
Cf. Case of Claude Reyes et al., supra note 294, para. 78.
299
General Assembly of the OAS, AG/RES. 2514 (XXXIX-O/09) of June 4, 2009 on “Access to
Public Information: Strengthening of Democracy,” Operative Paragraph 2.
300
Cf. General Assembly of the OAS, Orders AG/RES. 1932 (XXXIII-O/03) of June 10, 2003;
AG/RES. 2057 (XXXIV-O/04) of June 8, 2004, AG/RES. 2121 (XXXV-O/05) of June 7, 2005; AG/RES.
2252 (XXXVI-O/06) of June 6, 2006, AG/RES. 2288 (XXXVII-O/07) of June 5, 2007, AG/RES. 2418
(XXXVIII-O/08) of June 3, 2008, and AG/RES. 2514 (XXXIX-O/09) of June 4, 2009, all of them on
“Access to Public Information: Strengthening of Democracy.” [“Acceso a la Información Pública:
Fortalecimiento de la Democracia.”]
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