عنوان المقال عربي
التنظيم القانوني الدولي لحق الحصول على المعلومات وموقف المشرع العراقي منه
Abstract
This study identifies the legal framework for the right of access to information. It shows the shortcoming in the regulation of this right in public international law. This right was mentioned in a general and short wording within the provision on freedom of expression and as a requirement for its fulfillment. Therefore, its definition, governing principles and criteria, restrictions by which information can be carried; have not regulated and detailed in a convention or a provision of its own. The right was discussed, as well, within the framework of jurisprudence and judicial interpretations. Such framework appeared to be cautious in some times, while in others gave an advanced interpretation that delves into essence, content, criteria of the right, and reveals its justified and not justified restrictions. Alongside these jurisprudence and interpretations, international efforts were done to develop a set of substantive and procedural principles to be adopted in regulating and exercising the aforesaid right. The study also reveals that the Iraqi legislator has included in a number of laws, especially oversight laws, some aspects of fulfilling the international obligation to exercise the above right. Unfortunately, the new versions of these laws witness a decline in comparison with the old ones which were abolished. This reflects the limited response of Iraqi law to international standards that emerged through judicial interpretations of the international obligation to exercise the right to obtain information and the principles that international efforts called for adoption. Nevertheless, the Iraqi legislator is moving towards regulating the right to access information in a special law. Two drafts were formulated for this latter. They include many of the advanced and welcomed provisions, while other provisions need to be reviewed or added which render the proposed law more consistent with international law and jurisprudence. Need to regulate the right of access to information has become necessary at the level of international and Iraqi laws. This should limit inaccurate or misinterpretations, disputes and legal problems raised from exercise or/and denial, violation of the aforementioned right.
Keywords
Information International. Legal Organization. Position of the Iraqi L.egislator
Recommended Citation
aljalil, mythaq eabd
(2025)
"The international legal regulation of the right to access information and the position of the Iraqi legislator on it,"
Uruk for Humanities: Vol. 14:
Iss.
4, Article 19.
Available at:
https://muthuruk.mu.edu.iq/journal/vol14/iss4/19
