The false promise of human rights-based approach to freedom of information laws
by Dang Trung Ha
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 5, No. 2, 2017

Abstract: This article explores a normative ideal of human rights-based approach ('HRBA') to freedom of information ('FOI') laws and why it has failed in practice in many countries. Arguably, a HRBA, which stresses the intrinsic values of a right to access state-held information, is claimed as an essential approach to drafting of FOI laws. However, the approach cannot operate in a vacuum, and its adoption should depend on local political, economic, and cultural contexts. Instrumentalism links FOI laws to the function of a tool for accountability, effect of public administration or globalisation led to a deficit of common principles agreed to for FOI laws and does not go far enough in protecting the right of access to state-held information as a human right.

Online publication date: Fri, 15-Dec-2017

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