Tag Archives: mechanisms

Claiming Environmental Rights: Some Possibilities Offered by the United Nations’ Human Rights Mechanisms (C. Dommen)

Author(s)

Caroline Dommen

Keywords

environmental rights, United Nations, mechanisms, redress, environmental harm

Abstract

Individuals and groups seeking to prevent environmental harm, or seeking reparation of such harm after it has occurred are likely to find that international human rights procedures and institutions provide interesting avenues for redress. This article will describe and evaluate ways the United Nations’ (U.N.’s) human rights procedures can be used by people seeking prevention and reparation of environmental harm, but it will not dwell on the more theoretical considerations of the substantive or procedural content of a right to a clean environment.

Citation

(1998) 11 Georgetown International Environmental Law Review 1

Paper

Claiming Environmental Rights: Some Possibilities Offered by the United Nations’ Human Rights Mechanisms

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Human Rights and the Environment: Where Next? (A. Boyle)

Author(s)

Alan Boyle

Keywords

environmental protection, international law, UNHRC, human rights law, procedural rights, mechanisms, extra-territorial application, transboundary pollution, global climate change

Abstract

The relationship between human rights and environmental protection in international law is far from simple or straightforward. A new attempt to codify and develop international law on this subject was initiated by the UNHRC in 2011. What can it say that is new or that develops the existing corpus of human rights law? Three obvious possibilities are explored in this article. First, procedural rights are the most important environmental addition to human rights law since the 1992 Rio Declaration on Environment and Development. Any attempt to codify the law on human rights and the environment would necessarily have to take this development into account. Secondly, a declaration or protocol could be an appropriate mechanism for articulating in some form the still controversial notion of a right to a decent environment. Thirdly, the difficult issue of extra-territorial application of existing human rights treaties to transboundary pollution and global climate change remains unresolved. The article concludes that the response of human rights law – if it is to have one – needs to be in global terms, treating the global environment and climate as the common concern of humanity.

Citation

(2012) 23 The European Journal of International Law 613

Paper

Human Rights and the Environment: Where Next?

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail

Linking Human Rights and Environment (R. Picolotti and J.D. Taillant)

Author(s)

Romina Picolotti and Jorge Daniel Taillant

Keywords

Environmental protection, human rights, healthy environment, remedy, mechanisms, redress

Abstract

Through examples ranging from water rights to women’s rights, this collection offers practical ways in which environmental protection can be approached through human rights instruments. Its coverage includes reviews of existing international laws and treaties that establish the rights to a healthy environment, an overview of mechanisms that allow both individuals and groups to seek remedy for abuses, and specific cases that document efforts to seek redress for victims of environmental degradation through existing human rights protection mechanisms.

All over the world, people are experiencing the effects of ecosystem decline, from water shortages to fish kills to landslides on deforested slopes. The victims of environmental degradation tend to belong to more vulnerable sectors of society–racial and ethnic minorities and the poor–who regularly carry a disproportionate burden of such abuse. Increasingly, many basic human rights are being placed at risk, as the right to health affected by contamination of resources, or the right to property and culture compromised by commercial intrusion into indigenous lands.

Despite the evident relationship between environmental degradation and human suffering, human rights violations and environmental degradation have been treated by most organizations and governments as unrelated issues. Just as human rights advocates have tended to place only civil and political rights onto their agendas, environmentalists have tended to focus primarily on natural resource preservation without addressing human impacts of environmental abuse. As a result, victims of environmental degradation are unprotected by the laws and mechanisms established to address human rights abuses.

This book brings together contributions from human rights and environmental experts who have devoted much of their work to unifying these two spheres, particularly in the legal arena. It presents a variety of issues and approaches that address human rights and environmental links, demonstrating the growing interrelationship between human rights law and environmental advocacy. Its coverage includes reviews of existing international laws and treaties that establish the rights to a healthy environment, an overview of mechanisms that allow both individuals and groups to seek remedy for abuses, and specific cases that document efforts to seek redress for victims of environmental degradation through existing human rights protection mechanisms.

Through examples ranging from water rights to women’s rights, this collection offers practical ways in which environmental protection can be approached through human rights instruments. The volume reproduces a legal brief (amicus curiae) filed before an international human rights tribunal making the human rights and environment linkage argument, and includes the subsequent precedent-setting decision handed down by the Inter-American Court on Human Rights recognizing this linkage.

Linking Human Rights and Environment is a valuable sourcebook that explores the uncharted territory that lies between environmental and human rights legislation. More than a theoretical treatise, it argues that human rights activism presents a significant opportunity to address the human consequences of environmental degradation and can serve as a catalyst for inspiring ideas and action in the real world.

Citation

Romina Picolotti and Jorge Daniel Taillant, Linking Human Rights and Environment ( University of Arizona Press , USA 2003)

Book

Linking Human Rights and Environment

Facebooktwittergoogle_pluspinterestlinkedintumblrmailFacebooktwittergoogle_pluspinterestlinkedintumblrmail