Tag Archives: human right to a healthy environment

Getting over the Hump: Establishing A Right to Environmental Protection for Indigenous Peoples in the Inter-American Human Rights System (T. Thompson)

Author

Travis Thompson

Keywords

Human Rights, International Law, Human Right to a Healthy Environment, Environmental Protection, Inter-American Human Rights System, Indigenous People, Inuit

Excerpt

Introduction
Climate change is threatening the traditional way of life for indigenous peoples and the Inter-American Human Rights System  declines to combat this growing problem by refusing to acknowledge a right to environmental protection for indigenous peoples. The Inter-American Human Rights System has thus effectively cut off the possibility of remedying the harms suffered by indigenous peoples as a result of climate change. Because the problems that indigenous peoples face place them at the intersection of human rights and environmental law, an acknowledged right to environmental protection is crucial to their ability to sustain their customary way of life. Until recently, many scholars simply felt that a right to environmental protection did not exist.  Inaction based on this assertion, however, becomes increasingly difficult to justify given the number of treaties, declarations, and decisions by domestic, regional, and international bodies specifically acknowledging such a right. Without acknowledging a right to environmental protection, and more importantly, without providing effective means to remedy environmental abuses in the international community, indigenous peoples will continue to be marginalized and ultimately may not be able to protect their time- honored way of life.
Using the Inuit tribe as a principal example, Part I of this paper will demonstrate the unique impact climate change has on indigenous peoples. Part I will begin by identifying the effects of climate change which already strain this indigenous community’s relationship with its traditionally inhabited land After mentioning the anticipated challenges the Inuit face in …

Citation

(2009) 19 Journal of Transnational Law and Policy 179

Paper

Getting over the Hump: Establishing A Right to Environmental Protection for Indigenous Peoples in the Inter-American Human Rights System

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The Human Right to a Clean, Balanced and Protected Environment (J. Symonides)

Author

Janusz Symonides

Keywords

Human Right to a Healthy Environment, International Law, Domestic Law, Education, Participation, Recourse and Sanctions, International Protection

Excerpt

Since the December 1968 General Assembly’s resolution in which for the first time the United Nations admitted the linkage between environmental protection and human rights and expressed concern that environmental changes could have various (negative) implications for basic human rights, this question has been vividly discussed on many occasions. […]

Today nobody can put in doubt this intimate linkage, as well as the serious impact of the environmental protection on human rights. However, the following question arises: can we already speak about the existence of a human right to a clean, balanced and protected environment? And if the answer is positive, what are the conditions for its implementation?

Citation

(1992) 20 The International Journal of Legal Information 24

Paper

The Human Right to a Clean, Balanced and Protected Environment

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Environmental Rights in the European Community (D. Shelton)

Author

Dinah Shelton

Keywords

European Community Law, Human Right to a Healthy Environment

Excerpt

The treaties creating the European Community contain neither a catalogue of Human Rights nor a reference to environmental protection. This is not surprising, given the focus of the Community, as well as its relatively early date of inception. The language closest to both subjects is contained in Article 36 of the Treaty of Rome, which states that the provisions of the treaty “shall not preclude prohibitions and restrictions … justified on grounds of … the protections of health and life of humans, animals or plants.” Despite their general absence from Community documents, both human rights and environmental protections have found their way into Community law as it has evolved over more than three decades. The evolution has not produced a declared human right to an environment of a particular quality; however, it has resulted in certain guaranteed environmental rights, including the right to receive environmental information, the right to participate in decisions affecting the environment, and the right to ac…

Citation

(1992-3) 16 Hastings International and Comparative Law Review 557

Paper

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International Legal Protection for Victims of Environmental Abuse (M.L. Schwartz)

Author(s)

Michelle Leighton Schwartz

Keywords

Human Rights, Right to life, Rights of indigenous peoples, procedural human rights, human right to a healthy environment, environmental refugees, desertification, flooding, international finance institutions, International Court of Justice, International Labour Organisation

Excerpt

Environmental disasters are increasing. They often result from human activities, such as the disposal of toxic chemicals, the generation of power, and the exploitation of oil. Mismanagement of natural resources has caused severe watershed erosion, desertification and atmospheric pollution which, in turn, have seriously impaired human life. Although the human suffering associated with environmental destruction is growing, international and regional human rights institutions have yet to clarify the obligations of governments to protect and provide remedies for these victims. This paper seeks to inspire such clarification and suggests legal and institutional reforms toward that end.

Citation

(1993) 18 Yale Journal of International Law 355

Paper

International Legal Protection for Victims of Environmental Abuse

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Human Rights, Human Development, and the Right to a Healthy Environment: An Analytical Framework (M.J. Rogge)

Author(s)

Malcom James Rogge

Keywords

Human Rights, Development, Human Right to a Healthy Environment, Public Participation,

Abstract

This paper provides a framework for understanding the profound interrelationship of human rights, human development, and the right to a healthy environment. The author argues that concerted public action in environmental affairs is necessary for true advancement in human development, and for the broad attainment of the whole range of human rights in society. Human dignity consistent with the realization of human rights is only possible where steps are taken to protect the environments on which people depend for their basic needs. The author links the normative position implied in human rights theory to the practical and prescriptive ideas of human development. In conclusion, the author argues that improving environmental conditions goes hand in hand with improving levels of human development and in promoting human rights.

Citation

(2001) 22 Canadian Journal of Development Studies 33-50

Paper

Human Rights, Human Development, and the Right to a Healthy Environment: An Analytical Framework

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