‘Freedom of Information’ as a human right: international instruments, juridical interpretations and the South Asian case

Abstract

ABSTRACT The right to know is fundamental to a democratic society as it empowers citizens to participate in public debate and shape policy. Several countries have adopted freedom of information laws to regulate the exercise of that fundamental right. However, the right of access to information is yet to be vigorously acknowledged as a constitutional right in many countries. The article places the idea of human rights in historical perspective, determines the link between rights and information and public participation in political life. It presents arguments for including right to information (RTI) as a fundamental human right based on international and regional instruments and court decisions and examines the state of RTI in selected South Asian countries where RTI laws have been in place for a while. However, much more remains to be done to foster a culture of transparency and make RTI stand on its own as a fundamental human right.