International Norms and Standards on the Right to Access Information

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United Nations The right to be provided with appropriate information is set out in Articles 13 and 17 of the UN Convention on the Rights of the Child, and is closely linked to Article 29 on the aims of education.
 
Article 13 states that
1. The child shall have the right to freedom of expression; this right shall include 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 the child's choice.

2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others; or
(b) For the protection of national security or of public order, or of public health or morals.

Article 17
States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health. To this end, States Parties shall:

(a) Encourage the mass media to disseminate information and material of social and cultural benefit to the child and in accordance with the spirit of article 29;

(b) Encourage international co-operation in the production, exchange and dissemination of such information and material from a diversity of cultural, national and international sources;

(c) Encourage the production and dissemination of children's books;

(d) Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous;

(e) Encourage the development of appropriate guidelines for the protection of the child from information and material injurious to his or her well-being, bearing in mind the provisions of articles 13 and 18.
 
Children in conflict with the law

Special provisions are made in the UN system for the right of children in conflict with the law to receive appropriate information:
 
Rule 24 of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty requires that "On admission, all juveniles shall be given a copy of the rules governing the detention facility and a written description of their rights and obligations in a language they can understand, together with the address of the authorities competent to receive complaints, as well as the address of public or private agencies and organizations which provide legal assistance.

For those juveniles who are illiterate or who cannot understand the language in the written form, the information should be conveyed in a manner enabling full comprehension."

Rule 25 says: "All juveniles should be helped to understand the regulations governing the internal organization of the facility, the goals and methodology of the care provided, the disciplinary requirements and procedures, other authorized methods of seeking information and of making complaints, and all such other matters as are necessary to enable them to understand fully their rights and obligations during detention."
 
See also: UNICEF: Review the child friendly version of the UN guidelines on justice
 
Other mechanisms include

The African Union
 
The African Charter on the Rights and Welfare of the Child, in 19.3, sets out children’s right to be provided with appropriate information or details of a family member’s whereabouts in cases of family separation caused by the actions of a State Party. In addition, Article 9.1 of the African Charter on Human and People’s Rights stipulates the right of every individual to receive information.
 
Inter-American System

The American Convention on Human Rights, in Article 13, sets out the right to Freedom of Thought and Expression, although this is not specified in any legal instrument relating to children:

1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.

2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:
a. respect for the rights or reputations of others; or
b. the protection of national security, public order, or public health or morals.

3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.

4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.

5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, colour, religion, language, or national origin shall be considered as offences punishable by law.

Council of Europe
 
Children’s right to be provided with relevant information is an overarching principle of the European Convention on the Exercise of Children’s Rights. It lays a strong emphasis on this right, which is reiterated in Articles 1, 2, 3, 6, 10 and 12, which cover the scope and object of the Convention, the procedural measures to exercise children’s rights, and the role of judicial authorities, children’s representatives and States Parties in promoting children’s rights in decision-making processes.

The Convention provides for measures which aim to promote the rights of the children, in particular in family proceedings before judicial authorities. Among the types of family proceedings of special interest for children are those concerning custody, residence, access, questions of parentage, legitimacy, adoption, legal guardianship, administration of property of children, care procedures, removal or restriction of parental responsibilities, protection from cruel or degrading treatment and medical treatment.

Each Party is required to specify at least three categories of family proceedings to which this Convention is to apply. This European legal instrument will also facilitate the implementation by Parties of the United Nations Convention on the rights of the child.

Further information

Case Studies

 

 

 

 
 
 
 

Countries

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