As the UN Human Rights Council has stressed, dissenting views may be expressed
peacefully.203 In its case-law, the ECtHR has consistently reaffirmed that freedom
of opinion and expression not only protect the expression of views or ideas that
are favourably received, but also those that are critical, while limitations are only
permissible in very exceptional cases.204
Access to information of public interest and whistleblowers
143. In accordance with Article 19(2) of the ICCPR, the right to freedom of expression
includes the “freedom to seek, receive and impart information and ideas of all
kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.” The right to carry out human rights
monitoring, including trial and assembly monitoring, is a corollary of the right to
seek and impart information.
144. Undue restrictions on access to information can inhibit human rights activities in
a number of ways. Restrictions on the dissemination of and access to information with the justification of protecting public health or morals can prevent human
rights defenders from carrying out advocacy and awareness raising work or providing services to their clients, for example in relation to education concerning maternal and reproductive health or other measures to combat gender-based discrimination. National security is frequently used to justify the over-classification of information, thus limiting access by human rights defenders and other affected parties
to information of public interest and creating another obstacle for whistleblowers
and investigative journalists trying to bring to light alleged corruption and human
rights violations by state actors. Any laws that limit the freedom to seek and
impart information beyond what is permissible under international human rights
standards and that do not comply with the principles of legality, necessity and proportionality should be promptly repealed or amended.
145. The UN Human Rights Council has called upon states to ensure that “[i]nformation
held by public authorities is proactively disclosed, including on grave violations of
human rights, and that transparent and clear laws and policies provide for a general right to request and receive such information, for which public access should
be granted, except for narrow and clearly defined limitations”.205
146. Clear and transparent procedures should be put in place to avoid over-classification
of documents, unreasonably long time-frames before de-classification and undue
203 A/HRC/RES/22/6, para. 11 (i).
204 See, for example, the ECtHR judgement in the case of Palomo Sánchez and Others v. Spain, Applications
nos. 28955/06, 28957/06, 28959/06 and 28964/06, 12 September 2011, which states: “Freedom of expression
constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self-fulfilment. Subject to paragraph 2 of Article 10, it is applicable not only to ‘information’ or ‘ideas’ that are favourably received or regarded as inoffensive or as a matter of indifference, but
also to those that offend, shock or disturb. Such are the demands of pluralism, tolerance and broadmindedness
without which there is no ‘democratic society’” (para. 53).
205
72
A/HRC/RES/22/6, para. 11(e).
Guidelines on the Protection of Human Rights Defenders
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