Access to information as a human right
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ACCESS TO INFORMATION AS A HUMAN RIGHT. FXI TRAINING Theory & Practice 09 / 2005 By titus moetsabi. HUMAN RIGHTS. CLAIMS THAT EVERY HUMAN BEING IS ENTITLED TO IN ORDER TO LIVE A PEACEFUL, FREE AND HAPPY LIFE. CIVIL & POLITICAL RIGHTS; & SOCIO-ECONMIC RGHTS

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ACCESS TO INFORMATION AS A HUMAN RIGHT

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Access to information as a human right

ACCESS TO INFORMATION AS A HUMAN RIGHT

FXI TRAINING

Theory & Practice

09 / 2005

By titus moetsabi


Human rights

HUMAN RIGHTS

  • CLAIMS THAT EVERY HUMAN BEING IS ENTITLED TO IN ORDER TO LIVE A PEACEFUL, FREE AND HAPPY LIFE.

  • CIVIL & POLITICAL RIGHTS; & SOCIO-ECONMIC RGHTS

  • ALL RIGHTS FUNDAMENTAL, UNIVERSAL, EQUALLY IMPORTANT FOR ALL HUMAN BEINGS & CANNOT BE SEPARATED.


Precedence

PRECEDENCE

Government of South Africa & Others v Grootboom & Other

“The satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil & political rights.”


Civil political rights

CIVIL & POLITICAL RIGHTS

  • Equality

  • Human dignity

  • Freedom of security of person

  • Privacy

  • Freedom of religion , belief & opinion

  • Freedom of expression

  • Assembly, demonstration, picket & petition


Civil political rights1

Civil & Political Rights

  • Freedom of Association

  • Political rights

  • Citizenship

  • Freedom of movement

  • Freedom of trade, occupation and profession

  • Labour rights


Social economic rights

SOCIAL & ECONOMIC RIGHTS

  • Right to education

  • Right to Food

  • Right to Health

  • Right to Land

  • Right to Water

  • Right to Environmental rights

  • Right to social security

  • Right to housing


Obligations of state

OBLIGATIONS OF STATE

  • S 7 (2) SA Constitution:

    • Respect

    • Protect

    • Promote

    • Fulfill


The state institutions

The State Institutions

  • Public Protector

  • South African Human Rights Commission

  • Commission for the Protection of the Rights of Cultural, Religious & Linguistic Communities

  • The Commission for Gender Equality

  • The Auditor-General

  • He Electoral Commission


Right to information

Right to Information

  • Embodied in Constitution

  • Promotion of Access to Information Act 2000

  • Facilitates accountable & democratic government

  • Government power open to public scrutiny

  • Allows individual to access info that may have impact on other rights in Bill of Rights

  • ATI essential for realisation & protection of other rights in Bill of Rights


Right to information1

Right to Information

  • Right contains substantive content of its own

  • Interrelated & mutually supporting other rights

  • RTI Plays overarching & enabling role

  • Plays crucial role in realisation of socio-economic rights


Access to information as a human right

M & E

  • Process

  • qualitative

  • quantitative

  • Deliverables

  • Individual change

  • Social change


Thanks

Thanks


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