The Human Right to a Clean and Healthy Environment in Climate Change Litigation

This paper discusses a particular field of climate change law: climate change litigation based on claims stemming from the right to a clean and healthy environment under national and international human rights law.

The Human Right to a Clean and Healthy Environment in Climate Change Litigation

Author: Samvel Varvaštian




View: 458

This paper discusses a particular field of climate change law: climate change litigation based on claims stemming from the right to a clean and healthy environment under national and international human rights law. This field is coming under increased scrutiny of both legal scholars and practitioners. While the share of rights-based climate cases within the global body of climate change litigation is still very insignificant, a number of such cases have already been heard by courts all across the globe. The initial assessment of the existing case-law allows for cautious optimism that the use of rights-based claims, notably the right to a clean and healthy environment under national and/or international law, is justified and can yield at least some positive results.

The Human Right to a Healthy Environment

This book considers and clarifies many different facets of the international human right to a healthy environment.

The Human Right to a Healthy Environment

Author: John H. Knox

Publisher: Cambridge University Press

ISBN: 1108421199

Page: 275

View: 502

This book considers and clarifies many different facets of the international human right to a healthy environment.

Human Rights and the Environment under African Union Law

environment for the fulfilment of these rights is now considered trite, there
remains no universal human rights treaty that expressly guarantees the right to a
clean, safe and healthy environment. In fact, the existence and utility of such a
right ...

Human Rights and the Environment under African Union Law

Author: Michael Addaney

Publisher: Springer Nature

ISBN: 3030465233

Page: 477

View: 117

This book brings together original and novel perspectives on major developments in human rights law and the environment in Africa. Focusing on African Union law, the book explores the core concepts and principles, theory and practice, accountability mechanisms and key issues challenging human rights law in the era of global environmental change. It, thus, extend the frontier of understanding in this fundamental area by building on existing scholarship on African human rights law and the protection of the environment, divulging concerns on redressing environmental and human rights protection issues in the context of economic growth and sustainable development. It further offers unique insight into the development, domestication and implementation challenges relating to human rights law and environmental governance in Africa. This long overdue interdisciplinary exploration of human rights law and the environment from an African perspective will be an indispensable reference point for academics, policymakers, practitioners and advocates of international human rights and environmental law in particular and international law, environmental politics and philosophy, and African studies in general. It is clear that there is much to do, study and share on this timely subject in the African context.

A Child s Right to a Healthy Environment

Preface. This volume resulted from the inaugural Symposium of the Loyola
University Center for the Human Rights of Children, held in April 2008, in
Chicago. The theme of the Symposium was “The Right to a Healthy Environment.
” Each of the ...

A Child s Right to a Healthy Environment

Author: James Garbarino

Publisher: Springer Science & Business Media

ISBN: 9781441967916

Page: 235

View: 985

It’s a startling reality that more American children are victims—and perpetrators—of violence than those of any other developed country. Yet unlike the other nations, the United States has yet to ratify the United Nations Convention on the Rights of the Child. Compelling, readable, and interdisciplinary, A Child’s Right to a Healthy Environment provides an abundance of skilled observation, important findings, and keen insights to place children’s well-being in the vanguard of human rights concerns, both in the United States and globally. Within this volume, authors examine the impediments to the crucial goals of justice, safety, dignity, well-being, and meaning in children’s lives, factors as varied as socioeconomic stressors, alienated, disengaged parents, and corrosive moral lessons from the media. The complex role of religious institutions in promoting and, in many cases, curtailing children’s rights is analyzed, as are international efforts by advocates and policymakers to address major threats to children’s development, including: War and natural disasters. Environmental toxins (e.g., malaria and lead poisoning). The child obesity epidemic. Gun violence. Child slavery and trafficking. Toxic elements in contemporary culture. A Child’s Right to a Healthy Environment is a powerful call to action for researchers and professionals in developmental, clinical child, school, and educational psychology as well as psychiatry, pediatrics, social work, general and special education, sociology, and other fields tasked with improving children’s lives.

The Right to a Healthy Environment

Constitutional. Environmental. Rights. All human beings have the fundamental
right to an environment adequate for their health and well-being. – World
Commission on Environment and Development, Our Common Future Among the
myriad ...

The Right to a Healthy Environment

Author: David R. Boyd

Publisher: UBC Press

ISBN: 0774824158

Page: 336

View: 902

Canada has abundant natural wealth, beautiful landscapes, vast forests, and thousands of rivers and lakes. The land defines Canadians as a people, yet the country has one of the industrialized world's worst environmental records. Building on his previous book, The Environmental Rights Revolution (2012), David R. Boyd describes how recognizing the constitutional right to a healthy environment could have a transformative impact by empowering citizens, holding governments and industry accountable, and improving Canada's green record. This important and provocative book provides a road map to protect human health, the well-being of the planet, and the interests of future generations.

Bringing Human Rights Home

Federal courts in the United States have ruled that no such right to health and a
healthy environment exists under the U.S. Constitution.39 For these reasons,
environmental activists began to adopt human rights as a guiding principle to
shift ...

Bringing Human Rights Home

Author: Cynthia Soohoo

Publisher: Greenwood Publishing Group

ISBN: 0313055513

Page: 915

View: 777

Advancing the Human Right to Health

Health issues loom large in human rights standardsetting and policy
determination regarding gender, sexual, and ... Nevertheless, the rights to a
healthy environment and to development, in particular, continue to have support
and have been ...

Advancing the Human Right to Health

Author: José M. Zuniga

Publisher: OUP Oxford

ISBN: 0191637645

Page: 480

View: 529

Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.

Environmental Protection and Human Rights

... a Healthy or Safe Environment Given the protections afforded by the
substantive rights discussed herein, to which should ... and nondiscrimination,
what is gained by adding a right to a safe or healthy environment to the list of
human rights?

Environmental Protection and Human Rights

Author: Donald K. Anton

Publisher: Cambridge University Press

ISBN: 1139498525


View: 994

With unique scholarly analysis and practical discussion, this book provides a comprehensive introduction to the relationship between environmental protection and human rights being formalized into law in many legal systems. This book instructs on environmental techniques and procedures that assist in the protection of human rights. The text provides cogent guidance on a growing international jurisprudence on the promotion and protection of human rights in relation to the environment that has been developed by international and regional human rights bodies and tribunals. It explores a rich body of case law that continues to develop within states on the environmental dimension of the rights to life, to health, and to public participation and access to information. Five compelling contemporary case studies are included that implicate human rights and the environment, ranging from large dam projects to the creation of a new human right to a clean environment.

Emerging Principles of International Environmental Law

Right to a Healthy Environment 76 Discussing rights in terms of different “
generations” has become a common practice in human ... However, whether third
generation rights actually fall within the realm of human rights has been hotly

Emerging Principles of International Environmental Law

Author: Sumudu Atapattu

Publisher: BRILL

ISBN: 9047440145

Page: 350

View: 426

Emerging Principles of International Environmental Law is ideally suited for any law or environmental studies student, practitioner or law academic who is interested in the legal status of emerging principles in the field of international environmental law. Among its highlights, the text examines the interaction of principles/concepts such as sustainable development, the precautionary principle etc., with one another and how the present international environmental law regime has taken the vast disparity between developed and developing countries into account in designing innovative methods to accommodate this disparity.

Human Rights and the Environment

environmental. protection. 1. The. human. right. to. a. healthy. environment. as. a.
substantive. right. by Marc Pallemaerts The purpose of this introductory essay is
to examine to what extent the existence of an individual right to a healthy ...

Human Rights and the Environment

Author: Maguelonne Dejeant-Pons

Publisher: Council of Europe

ISBN: 9287147779

Page: 326

View: 958

This book brings together, for the first time, international texts relating to individual and collective rights to environmental protection standards, for the benefit of present and future generations. These rights include access to information, public participation in decision-making, and access to justice in environmental matters. This publication will be of interest to human rights specialists, environmentalists and all those wishing to exercise environmental rights.

Sustainable Development

The human rights debate initially emerged post-World War II, in a period where
environmental concerns were of little priority; ... Human rights groups originally
interpreted the “right to a healthy environment” as a right which would protect the

Sustainable Development

Author: Rajendra Ramlogan

Publisher: Martinus Nijhoff Publishers

ISBN: 9004187537

Page: 287

View: 467

Sustainable Development presents a succinct examination of the emerging principles in international, regional and national legal regimes that are providing a basis for supporting environmental protection in the global community through adherence to the philosophy of sustainable development.

Human Rights in Global Health

In integrating a human rights perspective in their mission statements, policies,
and other online documents, however, these ... Whereas environmental health is
concerned with how aspects of the natural and built environment affect human ...

Human Rights in Global Health

Author: Benjamin Mason Meier

Publisher: Oxford University Press

ISBN: 0190672692

Page: 456

View: 471

Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.

The Ethics of Surgery

The International Covenant on Economic, Social, and Cultural Rights discusses
human rights, such as the right to work, the right to choose who to marry, the right
to health, and with this, the right to a healthy environment. Both the Convention ...

The Ethics of Surgery

Author: Robert M. Sade M.D.

Publisher: Oxford University Press

ISBN: 0190258004

Page: 384

View: 585

According to popular belief, technical skill is far more important for surgeons than thoughtful deliberation. Nothing could be further from the truth. Although surgeons must sometimes make decisions rapidly on the basis of incomplete evidence and must respond to unexpected catastrophes in the operating room rapidly, those events are intermittent - most of the time surgeons deliberate on diagnostic problems and thoughtfully manage postoperative care, which is often intellectually challenging. The relationship of surgeons with their patients is, in a real sense, far more intimate and trusting than that of any other professional, a claim that is supported by the fact that patients surrender their bodies to their surgeons in a state of total helplessness and vulnerability when they undergo anesthesia. Because of that responsibility, no other professional group has a greater sense of dedication to the welfare of their patients than surgeons. Surgical culture is deeply steeped in ethics, and surgeons confront and resolve ethical dilemmas as much or more than most other professionals, although they often may not recognize the situations they resolve are problems in ethics - they are just part of the daily routine. This book is a compendium of articles from the recent surgical literature that address ethical issues chosen by surgeons because they are controversial and pertinent to the practice of surgery. The reader will not find a great deal of sophisticated dissection of fine philosophical distinctions in these discussions of ethical conflicts and controversies in surgery. Instead, they will discover differing viewpoints from thoughtful essayists, mostly surgeons, whose feet are firmly in contact with the ground and who have extensive experience in the real world of surgery, medicine, and law.

Principles of International Environmental Law

Towards Legal Rights for Natural Objects ( 1974 ) ; M. Uibopuu , ' The
Internationally Guaranteed Right of an Individual to a Clean Environment , 1
Comparative Law Yearbook 101 ( 1977 ) ; W. Gormley , Human Rights and the
Environment ...

Principles of International Environmental Law

Author: Philippe Sands

Publisher: Cambridge University Press

ISBN: 9780521521062

Page: 1116

View: 334

Revised edition includes all new developments since 1994, including all international case-law and international legislation.

Emerging Areas of Human Rights in the 21st Century

4. Human. rights. dimensions. of. contemporary. environmental. protection.
Engobo. Emeseh. 4.1 Introduction Perhaps ... Stockholm Declaration2 which
specifically recognised the right to a healthy environment for the first time, human
rights ...

Emerging Areas of Human Rights in the 21st Century

Author: Marco Odello

Publisher: Routledge

ISBN: 1136831339

Page: 192

View: 794

This book includes a set of studies and reflections that have emerged since the adoption of the Universal Declaration of Human Rights in 1948. Encompassing a number of human rights, such as the right to environmental protection, the right to humanitarian aid, and the right to democratic governance, this collection focuses on issues and areas that were not originally mentioned or foreseen in the Declaration but that have since developed into salient topics. These developing rights are considered in the light of contemporary national and international law, as well as against the wider picture and the contexts in which human rights may have effect. Moreover, the topics covered take in a wide range of research fields, including law, politics and criminology. Emerging Areas of Human Rights in the 21st Century is aimed primarily at undergraduate and postgraduate students, and scholars interested in international law, human rights and politics.

The Human Rights Fundaments of Conservation in the Context of the Extraction of Energy Resources

The second right-based approach views human rights as an essential condition
to achieve environmental protection. ... most resent approach proposes the right
to a safe and healthy environment as an independent substantive human right.

The Human Rights Fundaments of Conservation in the Context of the Extraction of Energy Resources

Author: María Augusta León Moreta

Publisher: V&R unipress GmbH

ISBN: 3847104187

Page: 385

View: 591

English summary: Energy is the driving force of human development and economic growth. The ceaseless demand for energy resources has triggered the development of extraction projects around the world. This, in turn, has exerted a significant pressure on natural resources as well as on the environment. Since the performance of human rights depends on the environment and on access to natural resources, this Study aims to show the extent to which the negative environmental impact arising from extraction operations prevents the effective realization of human rights. The analysis of substantive and procedural human rights in the light of the case law of international human rights courts provides all stakeholders involved in an energy extraction project with the tools and mechanisms to prevent environmental damage and to ensure the protection of human rights. German description: Energie ist ein entscheidender Faktor fur das Wirtschaftswachstum. Die unaufhorliche Nachfrage nach Energieressourcen hat die Entwicklung von Forderprojekten in der ganzen Welt ausgelost. Dies wiederum hat sowohl einen erheblichen Druck auf die naturlichen Quellen als auch auf die Umwelt ausgeubt. Da die effektive Verwirklichung der Menschenrechte von einer sauberen und gesunden Umwelt abhangt, bezweckt diese Arbeit anhand unterschiedlicher Beispiele zu belegen, dass die Energierohstoffgewinnung sich negativ auf wichtige okologische Voraussetzungen fur die effektive Ausubung der Menschenrechte auswirkt. Im Lichte der Rechtsprechung internationaler Menschenrechtsgerichte zeigt diese Arbeit, dass die Gerichte auf Umweltgrundsatze und -normen zuruckgegriffen haben, um Umweltschaden zu verhindern und den Schutz der Menschenrechte zu gewahrleisten.

Human rights fossil fuels and contemporary structures of power A study of fracking in the UK

1.3 Human rights in the UK An important part of the legal framework for
environmental protection in the UK originates in EU law. Although the European
Convention on Human Rights (ECHR) does not include the right to a healthy
environment; ...

Human rights  fossil fuels and contemporary structures of power  A study of fracking in the UK

Author: Stef Monaco

Publisher: GRIN Verlag

ISBN: 366858964X

Page: 45

View: 891

Master's Thesis from the year 2017 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: A, University of London (School of Advanced Studies, Institute of Commonwealth Studies), language: English, abstract: In the UK, successive governments since 2010 have positioned unconventional fossil fuels at the centre of their energy policy in spite of overwhelming scientific evidence that the planet cannot sustain the current level of fossil fuel consumption and that anthropogenic ecological degradation is driving us towards an extinction-level event. They have continued to push forwards with it despite fierce public opposition and mounting evidence of violations of human rights due to its negative ecological consequences and the way the police handle the continuous demonstrations against it. Through a qualitative study of the policing tactics used at anti-fracking protests; I explore how UK politics and policy-making have moved away from the foundational ideas of democracy (a representative government to protect and promote the wellbeing of the many) to an institutional system that exists to ensure the wealth and power of the few - a hegemonic elite, in Gramscian terms. I argue that the logic of neoliberal capitalism has given rise to structures of power and policy choices are resulting in human rights violations and making it almost impossible to adopt environmental policy options that will prevent ecological destruction.

International Human Rights Law

471; D. Shelton, 'Human Rights, Health and Environmental Protection: Linkages
in Law and Practice', Human Rights and ... 9–59; M. Fitzmaurice and j. marshall, '
the human right to a Clean environment – Phantom or reality? the european ...

International Human Rights Law

Author: Manisuli Ssenyonjo

Publisher: Routledge

ISBN: 1317114132

Page: 588

View: 556

This timely and valuable book explores the development of international human rights law over the last six decades. The volume brings together leading experts to reflect on different aspects of human rights law, not only considering and evaluating the developments so far, but also identifying relevant problems and proposing relevant possible perspectives for the continued positive future development of human rights law. The book is international in perspective, both in scope and context, and covers developments in the international protection of human rights since the adoption of the UDHR in 1948. The developments considered include the United Nations system of protecting human rights as well as regional human rights systems in Africa, America and Europe. It also considers some key themes relevant to human rights including globalisation, protecting human rights in emergency situations and trade sanctions, the development of human rights NGOs, and many others. The book will be an invaluable resource for students, academics and policy-makers working in the field of international human rights.

Human Rights and the Environment

... Declaration in order to attenuate its emphasis on environmental issues.208
This retreat from the human rights agenda was ... has the right, individually or in
association with others, to enjoy a healthy and ecologically balanced

Human Rights and the Environment

Author: Linda Hajjar Leib

Publisher: Martinus Nijhoff Publishers

ISBN: 9004188649

Page: 182

View: 505

The book examines the genesis and development of environmental rights (or the Right to Environment) in international law and discusses their philosophical, theoretical and legal underpinnings in the context of sustainable development and the notion of solidarity rights.

Criminological and Legal Consequences of Climate Change

There is now an abundance of scholarly debates on human rights and the
environment,1 and a body of jurisprudence has ... The Emergence of a Human
Right to a Healthy Environment Under International Law' (2002–2003) 16 Tulane

Criminological and Legal Consequences of Climate Change

Author: Stephen Farrall

Publisher: Bloomsbury Publishing

ISBN: 1847319203

Page: 282

View: 535

This edited collection, the result of an international seminar held at the International Institute for the Sociology of Law, Oñati, Spain in 2010, explores the potential legal and criminological consequences of climate change, both domestically and for the international community. A novel feature of the book is the consideration given to the potential synergies between the two disciplinary foci, thus to encourage among legal scholars and criminologists not only an analysis of the consequences of climate change from these perspectives but to bring these fields together to provide a unique, inter-disciplinary exploration of the ways in which climate change does, or could, impact on our societies. Such an inter-disciplinary approach is necessary given that climate change is a multifaceted phenomenon and one which is intimately linked across disciplines. To study this topic from the point of view of a single social science discipline restricts our understanding of the societal consequences of climate change. It is hoped that this edited collection will identify emerging areas of concern, illuminate areas for further research and, most of all, encourage future academic discussion on this most critical of issues.