Enhancing access rights through other rights Sample Clauses

Enhancing access rights through other rights examples from case-law Relating to participation in environmental de- cision-making, in Kichwa de Sarayaku v Ecuador (2012),107 the IACtHR concluded that Article 21 of ACHR, guaranteeing the right to prop- erty, gave rise to an obligation for the State to inform and consult with indigenous communi- ties regarding projects on the collectively owned land.108 Additionally, the right to be consulted was to be guaranteed by the State in accordance with the community’s values, practices, cus- toms, and forms of organization and through their institutions and mechanisms.109 Similarly, in Pueblos Xxxxxx y Lokono v Surinam (2015),110 the right to participate in government, enshrined in Article 23 of the ACHR, has been construed by the Court as to include the right of indigenous peoples to participate in the decision-making processes concerning their land.111 Access to environmental information has also been addressed. In Xxxxxx-Xxxxx and Others v Chile (2016),112 the IACtHR acknowledged that the right of freedom of thought and expression as guaranteed by Article 13 of the ACHR, includ- ed the right to seek and receive public informa- tion from public authorities.113 One of the instru- ments to which the Court referred as a basis for its justification was the Aarhus Convention.114 Although the information access right may be limited, the request for information does not need to be based on a direct interest of the ap- 107 IACtHR, Kichwa Indigenous People of Sarayaku v Ecuador, Judgment of 27 June 2012, Series C, No. 245. 108 Ibid. [145], [232]. 109 Ibid. [232]. 110 IACtHR, Pueblos Xxxxxx y Lokono v Surinam, Judge- ment of 25 November 2015, Serie C No. 309. 111 Ibid. [196]. 112 IACtHR, Xxxxxx Xxxxx v Chile, Judgement of 19 Sep- tember 2006, Serie C No. 151. 113 Ibid. [76], [77], [81]. 114 Ibid. [81]. plicant for information.115 Scholars usually cat- egorized the case as being instrumental in the development of access rights in Latin America, particularly the right to access to environmental information.116 Access to justice has as well been adjudicat- ed upon. In Saramaka People v Suriname (2007),117 the indigenous community of the Saramaka al- leged that its ineligibility under domestic law to receive a communal title to land as a tribal com- munity violated Article 3 of the ACHR, on the right to juridical personality.118 According to the national legislation of Suriname, juridical per- sonality would only be afforded to individual members of the community, not to t...