The right of access to information, a basic right for the exercise of others

Abstract

The right of access to information has been understood, traditionally, as a right used only as a warranty to obtain transparency on the state functions through principles such as maximum publicity. Although, making an exam through different instances that had studied the right of access to information as the European Court of Human Rights, the Interamerican Court of Human Rights and a variety of Mexican State organs, it is feasible to notice that this right is not only a possibility to control democratically the state power; it is also an ideal measure for a wider interpretation in order to achieve the exercise for other human rights. This interpretation has to be done in light of human rights principles recognized in the first article of the Mexican constitution, particularly, under the principle of interdependency that will allow to match an autonomous right, such as the right of access to information, with others human rights, for example the right to health care or the right to prior consultation to indigenous communities that will be studied in the present work.

The present analysis will permit to conclude that the State obligations are to create organs to warranty the access to information and that the availability of public information. Furthermore, the right of access to information has such importance that the obligations are imperative to the State, turning mandatory to spread information that will be useful to the citizens and assure the existence of a democratic State.