Tag Archives: right to health

Human Rights, Climate Change and The Trillionth Ton (H. Shue)

Author

Henry Shue

Keywords

Right to Life, Right to Health, Right to Subsistence, Framework Convention of Climate Change

Excerpt

The desultory, almost leisurely approach of most of the world’s national states to climate change reflects no detectable sense of urgency. My question is what, if anything, is wrong with this persistent lack of urgency. My answer is that everything is wrong with it and, in particular, that it constitutes a violation of basic rights as well as a failure to seize a golden opportunity to protect rights. I criticized the outcome of the initial climate conference in Rio de Janeiro in 1992, the Framework Convention on Climate Change, for establishing “no dates and no dollars: no dates are specified by which emissions are to be reduced by the wealthy states and no dollars are specified with which the wealthy states will assist the poor states to avoid an environmentally dirty development like our own. The convention is toothless.” The general response to such criticisms was that the convention outcome was a good start.
[…]
One question naturally is: Which rights of the people to come are
threatened by climate change, and in which particular ways? Fortunately, a strong contribution to answering this question in detail has been made by Simon Caney, who has carefully shown how climate change will specifically threaten at least three rights, the right to life, the right to health, and the right to subsistence. Here I shall simply rely on Caney’s arguments about which rights so that I can focus on two other questions as they arise in the context of climate change: Which features do rights-protecting institutions need to have and what specifically are the tasks that need to be performed to protect rights against the threat of rapid climate change?

Citation

in (2011) The Ethics of Global Climate Change 292, D.G. Arnold (Ed.) (CUP: Cambridge)

Paper

Human Rights, Climate Change and the Trillionth Ton

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Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases (N.M. De Sadeleer)

Author

Nicolas Michel De Sadeleer

Keywords

right to a clean environment, right to health, European Union Charter of Human Rights (EUCHR), EU environmental law, private enforcement of environmental law, access to justice, European Convention of Human Rights (ECHR), right to private and family life and the home

Abstract

So far, EU treaty law does not encapsulate any individually justiciable rights to a clean environment or to health. Th e article explores whether individuals can rely on the environmental duties embodied in the European Union Charter of Human Rights (EUCHR), and the European Convention on Human Rights (ECHR) in cases falling within the scope of EU environmental law. Moreover, it takes a close examination of the case law of both the Court of Justice of the European Union and the European Court of Human Rights regarding the standing of individuals whose environment is impaired.

Citation

de Sadeleer, N.M., Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases (2012) 81,1 Nordic Journal of International Law 39-74

Paper

Enforcing EUCHR Principles and Fundamental Rights in Environmental Cases

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Climate Change, Human Rights and Moral Thresholds (S. Caney)

Author(s)

Simon Caney

Keywords

frameworks, impacts of climate change, human rights-centered analysis, cost-benefit, security-based analyses, right to life, right to health, right to subsistence, ethics, anthropogenic climate change, violation of rights, policy, mitigation, adaptation, compensation, international relations, vulnerability

Abstract

EXTRACT:

“I argue that:

1. Climate change jeopardizes some key human rights.

2. A “human-rights”-centered analysis of the impacts of climate change enjoys several fundamental advantages over other dominant ways of thinking about climate change.

3. A “human-rights”-centered analysis of the impacts of climate change has far-reaching implications for our understanding of the kind of action that should be taken and who should bear the costs of combating climate change.”

Citation

Simon Caney, ‘Climate Change, Human Rights and Moral Thresholds’ in: Gardner et al., eds., Climate Ethics (Oxford University Press, 2010)

Paper

‘Climate Change’, Human Rights and Moral Thresholds’ in Climate Ethics

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The Contribution of International Rights Law to Environmental Protection, with Special Reference to Global Change (A. A. Cançado Trindade)

Author(s)

A.A. Cançado Trindade

Keywords

human rights, environmental protection, globalization, internationalization, temporal dimension, right to life, Ratio Legis, right to health, healthy environment, vulnerability, implementation, international refugee law

Abstract

I. The Growth of Human Rights Protection and Environmental Protection: From Internationalization to Globalization.

II. The Incidence of the Temporal Dimension in Environmental Protection and in Human Rights Protection.

III. The Fundamental Right to Life at the Basis of the Ratio Legis of International Human Rights Law and Environmental Law.

IV. The Right to Health as the Starting-Point towards the Right to a Healthy Environment.

V. The Right to a Healthy Environment as an Extension of the Right to Health.

VI. The Protection of Vulnerable Groups at the Confluence of International Human Rights Law and International Environmental Law.

VII. The Recognition of the Right to a Healthy Environment: The Concern for Environmental Protection in International Human Rights Instruments.

VIII. Concern for the Protection of Human Rights in the Realm of International Environmental Law.

IX. Concern for the Protection of the Environment in the Realm of International Humanitarian Law.

X. Protection of the Environment and International Refugee Law

XI. The Question of the Implementation (Mise en Oeurre) of the Right to a Healthy Environment.

XII. The Right to a Healthy Environment and the Absence of Restrictions in the Expansion of Human Rights Protection and Environmental Protection.

Citation

A.A. Cançado Trindade, ‘The Contribution of International Rights Law to Environmental Protection, with Special Reference to Global Change’ in: Environmental Change and International Law: New Challenges and Dimensions, Edith Brown Weiss ed. (The United Nations University, 1992)

Paper

The Contribution of International Rights Law to Environmental
Protection, with Special Reference to Global Change

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Human Rights and the Environment: Substantive Rights (D Shelton)

Author

Diana Shelton

Keywords

Human rights and environment, multiple sources, right to life, right to health, right to privacy, right to standard of living, balance, environment, economic advancement

Abstract

This chapter focuses on the relationship between human rights and the environment. The chapter describes multiple sources of human rights and environmental obligations, including international treaties, national law, and the judicial decisions of international courts. Human rights that indirectly call for environmental conservatism include the rights to life, health, privacy, and standard of living. This chapter concludes by noting that governments must balance human rights related to the environment with other concerns such as economic advancement.

Citation

Human Rights and the Environment: Substantive Rights in M Fitzmaurice, DM Ong and P Merkouris, Research Handbook on International Environmental Law (2011); GWU Legal Studies Research Paper No. 2013-33; GWU Law School Public Law Research Paper No. 2013-33.

Paper

Human Rights and the Environment: Substantive Rights

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