scholarly journals The CLIMATE CHANGE IMPACT ON THE HUMAN RIGHT TO ENVIRONMENTAL CONDITIONS OF A SPECIFIED QUALITY (SAFE, CLEAN, HEALTHY AND SUSTAINABLE ENVIRONMENT): SOME INTERNATIONAL ENVIRONMENTAL LAW ISSUES

2019 ◽  
Vol 36 (1) ◽  
pp. 93-112
Author(s):  
Olha Sushyk ◽  
Olena Shompol
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Environmental Conditions ◽  
Environmental Law ◽  
International Environmental Agreements ◽  
Ghg Emissions ◽  
Environmental Safety ◽  
Human Right ◽  
Human Environment ◽  
The Right

This article discusses recognition between climate change and human rights at the international level. The analysis shows that despite the UN climate change framework does not adequately address the magnitude of the threat posed by climate change related harm to human rights, domestic, regional or international courts must take account of its provisions in deciding cases. The article argues that the causes for climate cases are diverse, whereby the most often ones are those referring to the competent public authority’s failure to fulfil its obligation to regulate limitations of the greenhouse gas (GHG) emissions.  Further identify the links between human rights and environmental protection, were apparent at least from the first international conference on the human environment, held in Stockholm in 1972. More broadly, it demonstrates international environmental agreements, were some aspects of the right to environmental conditions of a specified quality are identify.  This article discusses also theoretical issues of individual environmental rights and the right to environmental safety in Ukraine. Keywords: climate, human rights, environmental, Ukraine

The Human Right to Science and Its Relationship to International Environmental Law

2020 ◽  
Vol 31 (2) ◽  
pp. 625-656
Author(s):  
Anna-Maria Hubert
Keyword(s):  
Human Rights ◽  
Environmental Law ◽  
Science And Technology ◽  
Critical Role ◽  
Potential Contribution ◽  
International Human Rights Law ◽  
Human Right ◽  
International Environmental Law ◽  
Environmental Regimes ◽  
The Right

Abstract This article explores the potential contribution of international human rights law – specifically, the oft-neglected ‘right to science’ – to the interpretation, operation and progressive development of international environmental law. Science and its applications play a critical role in environmental protection. At the same time, society faces persistent controversies at this interface. Environmental regimes may lack sufficient norms and tools for regulating upstream science and innovation processes because they tend to focus narrowly on physical harms to the environment and may not address the wider ethical, legal, social and political concerns. The human right to science, which is codified in various international and regional human rights instruments, may serve to augment international environmental law and contribute to more effective, equitable and democratically legitimate and accountable processes and outcomes in relation to the application of science and technology in environmental regimes. The article begins by outlining the scope and contents of, as well as the limitations on, the right to science, focusing on Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and its overlaps with the norms of international environmental law.1 It then analyses the ways in which the right to science may influence the development of international environmental law by elucidating mechanisms for the integration of a human rights perspective in science and technology and by outlining its potential substantive contributions to the development of international environmental law.

Arguing the Right to a Safe Climate under the UN Human Rights System

2020 ◽  
Vol 9 (2) ◽  
pp. 184-212
Author(s):  
Ademola Oluborode Jegede
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
United Nations ◽  
Human Populations ◽  
Human Right ◽  
The Creation ◽  
The United Nations ◽  
The Right

Abstract The link between climate change and human rights is being made under the instruments as well as charter and treaty bodies constituting the United Nations (UN) human rights system. Despite the efforts, the right to a safe climate does not exist under the UN human rights system. Based on the vulnerability of human populations and the essential compliance with yardsticks for a new human right, the article argues for the creation of the right to a safe climate and advances two approaches by which it can be achieved under the UN human rights system.

scholarly journals Climate Change and Right to Development

2019 ◽  
Vol 5 ◽  
pp. 1 ◽  
Author(s):  
Vivek Mukherjee ◽  
Faizan Mustafa ◽  
◽  
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Developed Countries ◽  
Small Island ◽  
Least Developed Countries ◽  
Human Right ◽  
Climate Change Negotiations ◽  
Right To Development ◽  
Recent Climate ◽  
The Right

The Right to Development is a relatively new right in human rights law. Although its roots may be traced to pre-world war era, Right to Development took concrete shape with the passing of the UN Declaration on the Right to Development in 1986. Some renowned academic institutions in India are making recent efforts to make the “Right to Development” a Fundamental Human Right. Climate change poses a direct threat to human rights of people, especially in tropically situated countries of the south (including India), which are coincidentally home to a large number of vulnerable/marginalized people who are considerably poor to concern themselves with issues such as climate change. Due to mounting pressure from least developed countries (LDCs) and small island developing countries (SIDSs), international community has lately shown greater interest in establishing a direct link between climate change and human rights. This interest may be a reaction to the recurrent failures in reaching a consensus in the climate change negotiations through mechanical Conference of Parties (COPs). Similar to a bottom-up approach that seems to have worked well for the Paris agreement, it was believed by experts that linking human rights to climate change would shake the conscience of the reluctant parties to act expeditiously. The importance of a human rights–based approach to climate change will be highlighted in the light of two recent developments in the climate change discourse: First, the recognition by scientists of several extreme disaster as climate change events directly violating the human rights of the vulnerable; second, the dilution of the differentiation created between developing and developed nations by the Common But Differentiated Responsibilities (CBDR) principle in the recent climate change agreements. This paper seeks to establish the efficacy of the human Right to Development (through tools such as Greenhouse Development Rights) in effectuating the third world approaches to the issue of climate change in the global south.

Broadening the Right to Environment

2016 ◽  
Author(s):  
Philippe Cullet
Keyword(s):  
Climate Change ◽  
Sustainable Development ◽  
Human Rights ◽  
Environmental Law ◽  
Environmental Issues ◽  
Human Dimensions ◽  
International Environmental Law ◽  
The Face ◽  
Definition Of ◽  
The Right

This chapter investigates the interaction between individuals and states in the face of climate change. It looks into the points of intersection between climate change and human rights regimes by examining the extent to which the climate change regime has recognized and addressed the human rights dimensions of climate change. Indeed, climate change is but one of many global environmental issues and where the climate change regime is part of the corpus of international environmental law, it looks into the extent to which the debate on a right to environment can be used in the context of climate change. International environmental law includes instruments that embrace the human dimensions of environmental issues as reflected, for instance, in the definition of sustainable development adopted in the Johannesburg Declaration on Sustainable Development at the Johannesburg World Conference on Environment and Development.

The Grounds of Climate Justice

2019 ◽  
pp. 41-57
Author(s):  
Alix Dietzel
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Right To Health ◽  
Free Movement ◽  
Climate Justice ◽  
Right To Life ◽  
Human Right ◽  
Right To Food ◽  
The Right

Chapter Two defines the grounds of climate justice. Defining the grounds of justice is a key task for any climate justice account because it allows readers to understand what must be normatively prioritised. The grounds of justice in this sense represent the moral underpinnings of the climate justice account, a normative subfloor that must not be crossed. The chapter makes the case for using the human right to health as the non-relational moral minimum that grounds the climate justice position. Chapter Two puts forward that the human right to health provides a strong foundation for a climate justice because it captures the threats climate change poses to humans more comprehensively than other key human rights, including the right to food and water, the right to life, and the right to free movement.

scholarly journals Environmental Policy, Public Health and Human Rights: Assessing the Regional Regulation on Waste

2019 ◽  
Vol 4 (3) ◽  
pp. 339
Author(s):  
Toar Neman Palilingan ◽  
Donna Okthalia Setiabudhi ◽  
Toar K.R. Palilingan
Keyword(s):  
Human Rights ◽  
Law Enforcement ◽  
Waste Management ◽  
Environmental Law ◽  
Domestic Wastewater ◽  
Wastewater Management ◽  
Human Environment ◽  
Health And Human Rights ◽  
Healthy Environment ◽  
The Right

Everyone has the right to a good and healthy environment as part of human rights. Hence, to actualize the right to a good and healthy environment, the community or everyone has the right to environmental information related to the role in environmental management. The research is a socio-juridical. The results show that the management of human environment in Manado is implemented through the establishment and implementation of local regulations. The issuance of local regulations related to environmental law enforcement are local regulations on Environmental Protection and Management; Domestic Wastewater Management; and Waste Management and Cleaning Service Fees. However, the three local regulations have not been implemented optimally. Even the local regulation on the Waste Management and Cleaning Service Fees provides regulations that are not in accordance with the needs of the community in waste management and not in accordance with the laws and regulations related to waste.

Water for Life

2017 ◽  
Author(s):  
Madeline Baer
Keyword(s):  
Human Rights ◽  
Citizen Participation ◽  
Urban Areas ◽  
Water Policy ◽  
State Capacity ◽  
National Level ◽  
Human Right ◽  
Political Will ◽  
Water And Sanitation ◽  
The Right

Chapter 5 provides a case study of the human rights-based approach to water policy through an analysis of the Bolivian government’s attempts to implement the human right to water and sanitation. It explores these efforts at the local and national level, through changes to investments, institutions, and policies. The analysis reveals that while Bolivia meets the minimum standard for the human right to water and sanitation in some urban areas, access to quality water is low in poor and marginalized communities. While the Bolivian government expresses a strong political will for a human rights approach and is increasing state capacity to fulfill rights, the broader criteria for the right to water and sanitation, including citizen participation and democratic decision-making, remain largely unfulfilled. This case suggests political will and state capacity might be necessary but are not sufficient to fulfill the human right to water and sanitation broadly defined.

Is There a Right to Free Movement across Borders?

2018 ◽  
Author(s):  
Sarah Song
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Free Movement ◽  
Individual Freedom ◽  
Freedom Of Association ◽  
Human Right ◽  
Freedom Of Movement ◽  
The Third ◽  
The Right ◽  
Logical Extension

Chapter 6 examines three rights-based arguments for freedom of movement across borders. Three rights-based arguments have been offered in support of freedom of international movement. The first claims that freedom of movement is a fundamental human right in itself. The second adopts a “cantilever” strategy, arguing that freedom of international movement is a logical extension of existing fundamental rights, including the right of domestic free movement and the right to exit one’s country. The third argument is libertarian: international free movement is necessary to respect individual freedom of association and contract. This chapter shows why these arguments fail to justify a general right to free movement across the globe. What is morally required is not a general right of international free movement but an approach that privileges those whose basic human rights are at stake.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

scholarly journals Indigenous Education and Human Rights

2007 ◽  
Vol 14 (4) ◽  
pp. 425-453 ◽  
Author(s):  
Noam Schimmel
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Indigenous Education ◽  
Cultural Continuity ◽  
Human Right ◽  
Language And Culture ◽  
The Social ◽  
Majority Culture ◽  
Educational Programmes ◽  
The Right

AbstractThe right to an education that is consonant with and draws upon the culture and language of indigenous peoples is a human right which is too often overlooked by governments when they develop and implement programmes whose purported goals are to improve the social, economic and political status of these peoples. Educational programmes for indigenous peoples must fully respect and integrate human rights protections, particularly rights to cultural continuity and integrity. Racist attitudes dominate many government development programmes aimed at indigenous peoples. Educational programmes for indigenous peoples are often designed to forcibly assimilate them and destroy the uniqueness of their language, values, culture and relationship with their native lands. Until indigenous peoples are empowered to develop educational programmes for their own communities that reflect and promote their values and culture, their human rights are likely to remain threatened by governments that use education as a political mechanism for coercing indigenous peoples to adapt to a majority culture that does not recognize their rights, and that seeks to destroy their ability to sustain and pass on to future generations their language and culture.

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