THE ROLE OF ACCESS TO INFORMATION IN ENSURING HUMAN RIGHTS

This article provides a brief analysis of legislation on the role of obtaining information in ensuring human rights. The constitutional right to information is one of the basic rights of a person, and at the same time, it works as an external expression of freedom of opinion and freedom of speech, as well as their guarantee. The right to receive information, naturally, based on the characteristics of the information society, occupies a leading position in the state management mechanism. This is a special guarantee of the implementation of the principles of democracy, people‘s sovereignty, and citizens‘ participation in political life.

VOLUME 4 ISSUE №2 E-ISSN: 2181-1024 J U4,NIssue Volume E 22 0(2023) 23 TSUL Legal Report 1

THE ROLE OF ACCESS TO INFORMATION IN ENSURING HUMAN RIGHTS

Aslonov Navruzbek Rustamovich Doctoral student of the National Center for Human Rights of the Republic of Uzbekistan aslonovnavruzbek@gmail.com ORCID: 0009-0005-1532-5822

ARTICLE INFO Keywords: Constitution, information, human rights, democracy, sovereignty, legislation, freedom of speech

ABSTRACT This article provides a brief analysis of legislation on the role of obtaining information in ensuring human rights. The constitutional right to information is one of the basic rights of a person, and at the same time, it works as an external expression of freedom of opinion and freedom of speech, as well as their guarantee. The right to receive information, naturally, based on the characteristics of the information society, occupies a leading position in the state management mechanism. This is a special guarantee of the implementation of the principles of democracy, people’s sovereignty, and citizens’ participation in political life.

Introduction According to the legal scholars of the world, the right to receive information plays an important role in participation in the management of a democratic society, the policy of openness and transparency of the state, ensuring the accountability of state bodies and organizations to the people, and facilitating democratic opportunities. Freedom of information laws help improve government bodies and organizations. President of our country, Sh. Mirziyoyev “The process of globalization provides updates in the information field on the important role and management of information technologies. Like all industries, information acquisition and its delivery are taking a sharp turn in the situation. In such complex conditions, life puts new demands and tasks before us”[1]. In the field of human rights, the right to information is a natural human right. It is no exaggeration to say

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that realizing the human right to information, providing free access to information of state importance, and the openness of information by authorities are the most important conditions and criteria for the activity of state authorities and management bodies. The realization of the right of citizens to receive information ensures not only official but also real participation of citizens in the life of the state. The special importance of this right should be noted: it acts as a binding element of the entire system of fundamental rights and freedoms. It is possible to talk about the real realization of personal, political, social, economic, environmental, and cultural rights and freedoms only if the right to receive information is ensured. It should be noted that the liberalization of legislation and policy in the field of obtaining information has been evident in recent years. Legislation on information openness and its use in state organizations and bodies is being improved, and the legislative experience of countries that have done significant work in the field of human information is reflected in our national legislation in accordance with our mentality.

Material and methods In the analysis of this article, scientific, historical, systematic, logical, comparative legal, and law enforcement practices from the methods of analytical study were used.

Research results However, as the world develops, the types of information are also developing. Each country is responsible for providing accurate and reliable information to its citizens. Some information can harm a person’s spiritual views and health. In such a case, a person should take measures to protect against harmful information. That’s why scientists from all over the world are conducting research on the liberalization and legal regulation of people’s right to information. A person can receive information in a paper document, visually, or through personal viewing. By receiving information, it personifies the legal mind and worldview of a person. For this reason, the field of obtaining information not only ensures human rights but also develops legal culture.

The Law on Principles and Guarantees of Freedom of Information of the Republic of Uzbekistan defines the term information as follows: “Information is information about persons, objects, facts, events, and processes, regardless of their sources and form of presentation”[2]. According to the Constitution of the Republic of Uzbekistan, citizens of the Republic of Uzbekistan, stateless persons, and foreigners have the right to seek, receive, produce, transmit, and distribute information in any legal way. Like any other social phenomenon involved in the activity of social and legal systems, the category of human rights is also a system, the elements of which are the personal rights and freedoms of a person and a citizen. A systematic approach to the study of the constitutional right of an individual and a citizen to information includes determining the nature of this right not only by studying its internal structure but also by studying various connections and relationships and their interaction with the external environment. Social information plays an important role in ensuring human rights and developing legal consciousness.

The term social information is defined as follows in the Law of the Republic of Uzbekistan on Advertising: “Social information - the dissemination of which is not aimed at obtaining direct or indirect profit (income), is directed to the circle of unspecified persons and is intended for charity and health care, environmental protection, conservation of energy resources, crime prevention, social protection of the population, and its information aimed at achieving socially beneficial goals in the fields of security, spirituality and enlightenment, community and state interests, as well as other noncommercial information” [3]. It is necessary to encourage the expansion of the scope of social information on the basis of some rules. In the 21st century, information technologies are developing. Currently, it is possible to get various types of information from any part of the world through the

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Internet. Information is also considered to have different forms and effects. Wide use of social information is necessary to ensure human rights and develop legal awareness of citizens. It is necessary to determine the order of placement and distribution of social information by mass media, external advertising, and information distributors.

Analysis of research results Russian scientist I. Bachilo stated that “the importance of forming and developing legal awareness of a person’s right to information in society is considered important, and in order to realize this right, it is necessary to form the ability to move freely in all spheres” [4]. If we agree with the opinion of the scientist, in order to develop the legal consciousness of the citizen, it is necessary to increase the importance of social information in addition to education. We believe that one of the ways to apply knowledge in the field of human rights to information in all areas is to develop social information.

If public bodies and organizations, non-governmental non-profit organizations on the scale of the republic, develop a social information program related to their field, which will be announced next year, this will bring some convenience to the citizens to receive information.

According to Indian scientist G. Madhukar, “progress in all aspects of life depends on the information created in the relevant fields, the existence of effective information systems and services, and their correct use. The people receiving accurate information from the government can improve the lives and activities of citizens.” [5]. Providing accurate information by the government will prevent the spread of other false information. This prevents citizens from being deceived by false news. Therefore, it is necessary to develop places where social information prepared by state bodies and organizations, non-governmental non-profit organizations, and their schedules will be posted.

Article 34 of the Belgian constitution states that “everyone has the right to get acquainted with any document and to receive a copy of it, except for the cases and conditions provided by laws, decisions, and court rulings” [6]. Belgian legislation also provides a separate article on the right to information. Access to information may be limited by law in certain cases.

Conclusion To sum up, it is necessary to develop the legal awareness of citizens regarding obtaining information and the role of obtaining information in ensuring human rights. In this, we should increase the role of not only education but also tools that provide additional support to education: for example, social information. For this purpose, it would be appropriate if we implemented the following:

First, we suggest that it is necessary to encourage the preparation of public information and to control its application to the public.

Secondly, to select proposals submitted by individuals and legal entities on social information based on a competition and financially encourage them.

Thirdly, we suggest that the information delivered to citizens in general, that is, the information provided through the mass media, related to human health and spirituality, should be subject to special expert control.

Fourthly, we propose to apply measures depending on activity for spreading false news. For example, to terminate the activity of a certain information provider or source for providing false information based on a court decision or to limit it for a certain period of time.

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