CCPR/C/GC/34
lose the entitlement to access to his medical records. 35 The Committee, in general comment
No. 32 on article 14, set out the various entitlements to information that are held by those
accused of a criminal offence.36 Pursuant to the provisions of article 2, persons should be in
receipt of information regarding their Covenant rights in general.37 Under article 27, a State
party’s decision-making that may substantively compromise the way of life and culture of a
minority group should be undertaken in a process of information-sharing and consultation
with affected communities.38
19.
To give effect to the right of access to information, States parties should proactively
put in the public domain Government information of public interest. States parties should
make every effort to ensure easy, prompt, effective and practical access to such
information. States parties should also enact the necessary procedures, whereby one may
gain access to information, such as by means of freedom of information legislation. 39 The
procedures should provide for the timely processing of requests for information according
to clear rules that are compatible with the Covenant. Fees for requests for information
should not be such as to constitute an unreasonable impediment to access to information.
Authorities should provide reasons for any refusal to provide access to information.
Arrangements should be put in place for appeals from refusals to provide access to
information as well as in cases of failure to respond to requests.
Freedom of expression and political rights
20.
The Committee, in general comment No. 25 on participation in public affairs and the
right to vote, elaborated on the importance of freedom of expression for the conduct of
public affairs and the effective exercise of the right to vote. The free communication of
information and ideas about public and political issues between citizens, candidates and
elected representatives is essential. This implies a free press and other media able to
comment on public issues and to inform public opinion without censorship or restraint.40
The attention of States parties is drawn to the guidance that general comment No. 25
provides with regard to the promotion and the protection of freedom of expression in that
context.
The application of article 19 (3)
21.
Paragraph 3 expressly states that the exercise of the right to freedom of expression
carries with it special duties and responsibilities. For this reason two limitative areas of
restrictions on the right are permitted, which may relate either to respect of the rights or
reputations of others or to the protection of national security or of public order (ordre
public) or of public health or morals. However, when a State party imposes restrictions on
the exercise of freedom of expression, these may not put in jeopardy the right itself. The
Committee recalls that the relation between right and restriction and between norm and
exception must not be reversed.41 The Committee also recalls the provisions of article 5,
35
36
37
38
39
40
41
See communication No. 726/1996, Zheludkov v. Ukraine, Views adopted on 29 October 2002.
See the Committee’s general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial, para. 33, Official Records of the General Assembly, Sixty-second Session,
Supplement No. 40, vol. I (A/62/40 (Vol. I)), annex VI
General comment No. 31.
See communication No. 1457/2006, Poma v. Peru, Views adopted on 27 March 2009.
Concluding observations on Azerbaijan (CCPR/C/79/Add.38 (1994)).
See General comment No. 25 on article 25 of the Covenant, para. 25.
See the Committee’s general comment No. 27 on article 12, Official Records of the General
Assembly, Fifty-fifth Session, Supplement No. 40, vol. I (A/55/40 (Vol. I)), annex VI, sect. A
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