Volume 5, Issue 2 (3-2024)
مطالعات فقه و حقوق رسانه 2024, 5(2): 185-209 |
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Ajori Ayask A, Khosravi A. Transnational interpretation of the restrictions governing the right of access to information and its free dissemination (a case study of the judgments of the European Court of Human Rights). مطالعات فقه و حقوق رسانه 2024; 5 (2) :185-209
URL: http://journal.refah.ac.ir/article-1-103-en.html
URL: http://journal.refah.ac.ir/article-1-103-en.html
1- University of Birjand
Abstract: (482 Views)
The right to freedom of information is considered as one of the most fundamental human rights, as well as one of the requirements of democracy and one of the political rights, which plays an essential role in guaranteeing other rights through raising awareness of people and transparency of performance. governments have The said right, although according to Hofeld's analysis, it is considered one of the rights-claims that the governments are obligated to, it is not an absolute right and has limitations. The restrictions governing the aforementioned right are mainly public order, public interest, public interest, ethics and the like, which are considered abstract concepts and there is no consensus on its definition and nature, and it is not defined in human rights laws and documents. . For this reason, there is always a possibility that they will be abused by governments. The possibility of abuse, especially in the case of the said right, which is actually the right to access administrative documents and documents, and is actually the right to monitor the performance of the government, is more. Therefore, it is necessary to examine the scope of the aforementioned concepts in the procedure of judicial authorities. Considering that governments are always one side of such lawsuits and there is a possibility of usurpation in the proceedings of domestic judicial authorities, for this reason, the judicial authority beyond the governments, the same authority that specializes in human rights issues. Paying better than any other institution can be decisive in this regard. Therefore, an attempt has been made to analyze the procedure of the European Court of Human Rights as an international, albeit regional, judicial authority regarding the limitations of the right to freedom of information in a descriptive-analytical manner.
Keywords: Right to freedom of information, human rights, European Court of Human Rights, jurisprudence
Type of Study: Research |
Subject:
Special
Received: 2023/12/20 | Accepted: 2024/04/8 | Published: 2024/05/30
Received: 2023/12/20 | Accepted: 2024/04/8 | Published: 2024/05/30
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