Information and Communications Technology

In a highly globalized and digitalized world, access to the Internet and other information and communications technologies helps enable the realisation of rights.

Universal access to information and communication technology has also been included in SDG targets 5.b, 9.c.,17.8 as a key enabler of sustainable development. For human rights defenders, it can facilitate access to and communication with international human rights bodies, as well as virtual participation in their proceedings. It can also improve access to information, documents, and government proceedings related to human rights, allowing for effective oversight. Not least, it can be a vehicle to disseminate information about human rights and can enable the right for people to organize themselves nationally and internationally in promotion of human rights. However, these new opportunities for defenders, as the increasing use of technologies during the Covid-19 pandemic has revealed, also include important human rights risks that need to be addressed in tandem. Some states are increasingly drawing on the new technologies for the illegal surveillance of human rights defenders and to limit any form of online or off-line expression or action.

Online defamation and disinformation has increasingly become a means to widely and rapidly discredit human rights defenders, often through anonymous profiles. For women human rights defenders, online slander campaigns and threats can also take on a sexualised nature, including threats of sexual violence. These are efforts to intimidate their participation in public spaces and they significantly increase their risk of physical and psychological violence.

Articles in the UN DHRD

Art 6

Everyone has the right, individually and in association with others:
(a) To know, seek, obtain, receive and hold information about all human rights and fundamental freedoms, including having access to information as to how those rights and freedoms are given effect in domestic legislative, judicial or administrative systems;
(b) As provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms;
(c) To study, discuss, form and hold opinions on the observance, both in law and in practice,
of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters.

Art 9.1

In the exercise of human rights and fundamental freedoms, including the promotion and protection of human rights as referred to in the present Declaration, everyone has the right, individually and in association with others, to benefit from an effective remedy and to be protected in the event of the violation of those rights.

Art 9.4

To the same end, and in accordance with applicable international instruments and procedures, everyone has the right, individually and in association with others, to unhindered access to and communication with international bodies with general or special competence to receive and consider communications on matters of human rights and fundamental freedoms.

Examples in other International Human Rights Instruments

Universal declaration of human rights

Art 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Convention on the rights of persons with disabilities

Art 21

States Parties shall take all appropriate measures to ensure that persons with disabilities can exercise the right to freedom of expression and opinion, including the freedom to seek, receive and impart information and ideas on an equal basis with others and through all forms of communication of their choice, as defined in article 2 of the present Convention, including by:
21.a Providing information intended for the general public to persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities in a timely manner and without additional cost;
21.b Accepting and facilitating the use of sign languages, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication of their choice by persons with disabilities in official interactions;
21.c Urging private entities that provide services to the general public, including through the Internet, to provide information and services in accessible and usable formats for persons with disabilities; 21.d Encouraging the mass media, including providers of information through the Internet, to make their services accessible to persons with disabilities; 21.e Recognizing and promoting the use of sign languages.

Convention Against Torture

Art 4.9

For the implementation of the present Agreement, each Party shall encourage the use of new information and communications technologies, such as open data, in the different languages used in the country, as appropriate. In no circumstances shall the use of electronic media constrain or result in discrimination against the public.

Art 6.3

Each Party shall have in place one or more up-to-date environmental information systems, which may include, inter alia:
6.3.a the texts of treaties and international agreements, as well as environmental laws, regulations and administrative acts;
6.3.b reports on the state of the environment;
6.3.c a list of public entities competent in environmental matters and, where possible, their respective areas of operation;
6.3.d a list of polluted areas, by type of pollutant and location;
6.3.e information on the use and conservation of natural resources and ecosystem services;
6.3.f scientific, technical or technological reports, studies and information on environmental matters produced by academic and research institutions, whether public or private, national or foreign;
6.3.g climate change sources aimed at building national capacities;
6.3.h information on environmental impact assessment processes and on other environmental management instruments, where applicable, and environmental licences or permits granted by the public authorities;
6.3.i an estimated list of waste by type and, when possible, by volume, location and year; and
6.3.j information on the imposition of administrative sanctions in environmental matters.
6.3.z Each Party shall guarantee that environmental information systems are duly organized, accessible to all persons and made progressively available through information technology and georeferenced media, where appropriate.

Art 7.17

With respect to the environmental decision-making processes referred to in paragraph 2 of the present article, as a minimum, the following information shall be made public:
7.17.f a description of the available technologies to be used and alternative locations for executing the project or activity subject to assessment, when the information is available.

Convention on the rights of the child

Art 13

1. The child shall have the right to freedom of expression; this right shall include the 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 (ordre public), or of public health or morals.

International covenant on civil and political rights

Art 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

Art 19.2

Everyone 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 his choice.

Convention on the elimination of all forms of discrimination against women

Art 14.2

States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (...)
14.2.h To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

International convention on the protection of the rights of all migrant workers and members of their families

Art 13

1. Migrant workers and members of their families shall have the right to hold opinions without interference.
2. Migrant workers and members of their families 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 their choice.