The Emergence of Climate Litigation in the Global South

2020 ◽  
Vol 114 ◽  
pp. 85-86
Author(s):  
Jolene Lin
Keyword(s):  
Global South ◽  
Right To Life ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Right

Climate litigation in the Global South tends to be couched in rights-based clams including the right to life and a clean and healthy environment. Jolene Lin explained that this is in part due to the fact that many jurisdictions in the Global South have embedded environmental rights in their constitutions and, in some cases, courts have interpreted the right to life to include the right to a clean and healthy environment.

scholarly journals Reconceptualising the Right to a Clean and Healthy Environment in Kenya

2019 ◽  
Vol 4 (1) ◽  
pp. 71-88
Author(s):  
Timonah Chore
Keyword(s):  
Literature Review ◽  
Intrinsic Value ◽  
Case Law ◽  
Law And Literature ◽  
Environmental Conservation ◽  
Human Species ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The World ◽  
The Right

States around the world are progressively protecting environmental rights. The Constitution of Kenya 2010 provides for environmental rights under Articles 42, 69 and 70. However, this study argues that there is need to reconceptualise the right to a clean and healthy environment as established under Article 42, as the right is geared towards human utility rather than intrinsic environmental protection. Thus, the right is shrouded with anthropocentric concerns which may be construed as insufficient in the protection of natural resources, ecosystems and other non-human species for their ecological and intrinsic value. Accordingly, the study examines the right to a clean and healthy environment as envisaged in the Constitution of Kenya 2010 and, from that context, assesses the efficacy of anthropocentric environmental rights in environmental conservation highlighting the potential challenges faced in their implementation. As a way forward, the study recommends bicentric environmental rights as an alternative to anthropocentric environmental rights. The study realises its objectives through the use of case law and literature review.

scholarly journals Human Rights and Global Environment

2021 ◽  
Vol 4 (2) ◽  
pp. 105-113
Author(s):  
Flora Pricilla Kalalo
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Indigenous Peoples ◽  
Environmental Damage ◽  
Legal Basis ◽  
Right To Life ◽  
Human Right ◽  
Healthy Life ◽  
Healthy Environment ◽  
The Right

Human rights and the environment are interconnected and mutually reinforcing. The concern of a group of people for the environment is not enough because changes in an environment have an impact not only locally, but often globally. Therefore it can be said that in countries where there are many violations of human rights, environmental damage often occurs. What happened then was that the human right to have a healthy life (the right to a healthy environment) was violated or sidelined. In addition, development that is not controlled can result in human rights being violated. Regulations regarding human rights are not entirely related to environmental protection. However, if you pay attention, there are several articles in some of these provisions that can be used as a legal basis for taking various actions aimed at protecting the environment. On the other hand, regulation of environmental protection at the same time means respect for human rights, especially with regard to issues of the right to life, health problems, disturbance of their property to respect for indigenous peoples' rights.

scholarly journals THE RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY IN THE LEGAL FRAMEWORK OF THE EUROPEAN CONVENTION OF HUMAN RIGHTS AND CASE LAW OF THE ECtHR

2022 ◽  
Vol 20 (33) ◽  
pp. 103
Author(s):  
Elena Evgenyevna Guliaeva
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Global Warming ◽  
Case Law ◽  
European Convention ◽  
Environmental Rights ◽  
Healthy Environment ◽  
Favorable Environment ◽  
European Court ◽  
The Right

Objective:The author seeks to understand the content and legal guarantees of the right to sustainable, healthy and favorable environment in the jurisprudence of the European Court of Human Rights. The researcher seeks to list the case law of the ECtHR corresponding to environmental issues in order to define concrete aspects related to responsibility of the States for the climate change and global warming. The author analyzes new legal trends on the protection of the rights of individuals and groups to complain for violations of their rights to a healthy and favorable environment in the light of the European Convention on Human Rights. The article is focused on positive state obligations on a healthy and sustainable environment under the Convention provisions, Russian experience in eco-cases, admissibility criteria for complaints to the European Court of Human Rights in “environmental cases”. The writer gives an overview of the ECtHR’s legal positions on the right to a healthy and favorable (i.e. prosperous, clean, safe, quiet, calm, quality) environment by type of its pollution. The author considers the importance of facilitating the right to healthy environment according to the UN Sustainable Development Goals.Methodology: The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. The author applied a case study method to select the most recent and pilot cases of the ECtHR practice.Results: The author founds out that despite the fact of a non-exhaustive list of the legal positions of the ECtHR concerning the environment effect on human life and health, there is a certain trend in Council of Europe towards an extended interpretation of the human right to healthy ecological situation responding to new challenges to the realization that right, such as, the decarbonization of industrial processes, right to light, right to fresh air, clean water and clean atmosphere, etc. The study concludes with an idea that right to sustainable, healthy and favorable right is a collective right. From the practical perspective, potentially group of individuals should complain to the international judicial institutions to the violation of this right. The importance of the protection of that right is increasing within the technological progress. The right to healthy environment imposes to the European States a legal obligation to ensure right to life, prohibition of torture, right to privacy, right to a fair trial, right to an effective remedy and prohibition of discrimination. The researcher also point out that cases of environmental rights violations are complicated in terms of preparing a complaint and processing by the ECtHR. Due to this fact, it is hard to do so with regard to the causal link between the acts (omission) of state agencies, the violation of environmental rights and the consequences that occurred. It is not clear from the text of the Convention which article directly should be applied.Contributions: Following a review of the content, the author raised possible problems, strategies, suggestions and guidelines for the protection of the right to sustainable and healthy environment. The author concluded that near future new categories of legal cases related to the state responsibility for global warming and climate change will appear in international and national judicial system. The author encourages the complement to the international legal regulation of the protection of the right to healthy, sustainable and favorable ecology on universal and regional level.

scholarly journals Climate Change and the Ageing Population: Enforcing the Rights to Life and Health Under Human Rights, Health and Climate Change Regimes

2013 ◽  
Vol 7 (1) ◽  
Author(s):  
Saheed A. Alabi
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Climate Impact ◽  
Ageing Population ◽  
Right To Life ◽  
Healthy Environment ◽  
Climate Impact Assessment ◽  
Mitigation And Adaptation ◽  
Potential Methods ◽  
The Right

This article explores potential methods of protecting the ageing population from the consequences of climate change. It discusses the enforcement of the "right to life" (the right to live a life free from environmental degradation) and/or health relating to the environment in protection of the ageing population. Many countries have codified the right to life and/or health in their constitutions. In order to enjoy this right, it is essential that a clean and healthy environment be secured.Thus, this article assesses the consideration of climate change by international human rights and health regimes. It also examines whether climate obligations such as emissions reduction, climate impact assessment, mitigation and adaptation can be enforced through these regimes. The article suggests that expanding the purview of new international climate policies that address the public health of the ageing population will fill the absence of health policies under the climate regime. Finally, after proposing that climate litigation through human rights enforcement may reshape global responses to adverse effects of climate change on the ageing population, the article suggests additional ways to achieve such feats.

scholarly journals Pendekatan Ekoregion Dalam Sistem Hukum Pengelolaan Sumber Daya Air Sungai di Era Otonomi Daerah

2014 ◽  
Vol 9 (2) ◽  
pp. 158
Author(s):  
Nita Triana
Keyword(s):  
Water Resources ◽  
Legal System ◽  
Local Policy ◽  
Environmental Rights ◽  
Regional Autonomy ◽  
Healthy Environment ◽  
Political Boundaries ◽  
The Right ◽  
The Impact ◽  
Local Levels

Hak atas lingkungan yang baik dan sehat dijamin oleh Pancasila dan UUD 1945 yang berimplikasi terhadap perlunya kebijakan, rencana dan/atau program mengenai hak atas lingkungan tersebut diatur dalam perundang-undangan, baik di tingkat nasional maupun daerah. Dalam konteks otonomi daerah hak atas lingkungan tersebut termasuk dalam kelompok bidang urusan wajib pemerintahan. Tulisan ini bertujuan untuk menganalisis dampak pengaturan hak atas lingkungan hidup dalam bidang sumber daya air. Hasil penelitian ini menunjukkan bahwa dampak pengaturan hak atas lingkungan hidup dalam sistem hukum pengelolaan sumber daya air  sungai tidak terintegrasi dengan daerah lain, sehingga  kebijakan pemerintah daerah lebih ditujukan untuk peningkatan pendapatan daerah masing-masing. Kondisi ini mengakibatkan  terjadinya perusakan sumber daya air sungai di bagian hulu dan hilir dan tidak optimalnya pemanfaatan air sungai. Berdasarkan hal tersebut dibutuhkan sistem hukum pengelolaan sumber daya air dengan pendekatan ekoregion, dimana batas darat dan perairan tidak ditentukan oleh batas secara politik, akan tetapi oleh batas geografis dari komunitas manusia dan sistem lingkungan.<br /><br /><br /><em>The right to a good and healthy environment is guaranteed by Pancasila and the 1945 Constitution which has implications on the need for policies, plans and / or programs on environmental rights are set out in legislation, both at national and local levels. In the context of regional autonomy, rights to the environment including the obligatory group of government issues. This paper aims to analyze the impact of regulation on environmental rights in the field of water resources. The results of this study indicate that the impact of regulation on environmental rights in the legal system of management of water resources of the river is not integrated with other areas, so that local policy is intended to increase local revenues respectively. These conditions resulted in the destruction of the water resources of the river upstream and downstream and is not optimal utilization of river water. Under the terms of the legal system needs water resources management with ecoregion approach, where land and water boundaries are not defined by political boundaries, but by the geographical boundaries of the human community and environmental systems.</em><br /><br />

scholarly journals Тhe Right to a Healthy Climate as a Function of the Right to Life UDK 342.7:502.131.1

2012 ◽  
Vol 1 (1) ◽  
pp. 27
Author(s):  
Temelko Risteski ◽  
Elena Todorova ◽  
Sejdefa Džafče ◽  
Anita Gligorova
Keyword(s):  
Human Rights ◽  
Human Health ◽  
Human Life ◽  
Southeast Europe ◽  
Right To Life ◽  
Nature Protection ◽  
Human Right ◽  
Physiological Functions ◽  
Healthy Environment ◽  
The Right

Objective: To define the concept of healthy climate and in this regard to determine the relationship between the right to healthy environment and right to life, as top human right, from a legal and ethical aspects.Results: Analysis of international legislation on environment, climate and human rights, and laws on nature protection, environment and other environmental laws of the Republic of Macedonia and other countries of Southeast Europe, based on the facts of climate change, shows that these changes affect the quality of life and therefore the exercise of the right to a healthy life.Conclusion: The right to life is top human right. All other human rights are subordinate to it. It is healthy climate in which the weather as a meteorological phenomenon is mostly compatible with the physiological states of human organisms, most of the average healthy people, and allows normal physiological functions. Normal physiological functions of the organism has a direct impact on human health. Human health is directly in function of life. It makes life healthy and happy. Only healthy and happy life is a real human life. All the troubles in life can be overcome if the person is healthy. It is a notorious fact. Thus, the right to a healthy climate is in function of the right to life.

Introductory Note

2019 ◽  
pp. 737-744
Author(s):  
Eduardo Ferrer Mac-Gregor Poisot
Keyword(s):  
Human Rights ◽  
Use Of Force ◽  
Environmental Rights ◽  
Healthy Environment ◽  
Security Personnel ◽  
Introductory Note ◽  
And Gender ◽  
The Right ◽  
First Time ◽  
Advisory Opinions

During 2017, the Inter-American Court of Human Rights issued ten judgments in contentious cases, four interpretations of previous judgments, and two advisory opinions. It was a year in which the Court issued several landmark cases. For the first time, it declared a violation of Article 26 of the American Convention, which enshrines economic, social, cultural, and environmental rights (ESCER). The Court also declared the right to a healthy environment as an autonomous right under Article 26, and developed its jurisprudence on the rights of LGBTI persons, particularly with respect to marriage equality, gender identity and gender expression. The Court also tackled a variety of other issues, such as the need to duly investigate sexual violence, the proper use of force by security personnel, and the need to protect human rights defenders in the exercise of their endeavors.

scholarly journals Prawa człowieka i środowisko

2006 ◽  
Vol 4 (1) ◽  
pp. 309-325
Author(s):  
Leszek Karski
Keyword(s):  
Human Rights ◽  
Fourth Generation ◽  
Environmental Harm ◽  
Human Beings ◽  
Environmental Rights ◽  
Healthy Environment ◽  
Clean Environment ◽  
Polish Law ◽  
The Right ◽  
Human Rights Based Approach

There should be no doubt that human activities can cause serious environmental harm, or that those harms, in turn, often result in very grave consequences to human beings. Put positively, a clean and healthy environment is essential to the realization of fundamental human rights. Some advocates argue that the right to a clean environment belongs to the third generation of rights. Others noted that it is separated the fourth generation of rights. It is necessary to reflect on a source of environmental rights. It is important to search for the satisfactory meaning of the right to a clean environment.This article shows repeated and increasing recognition of a human rights-based approach to environmental protection. Such recognition demonstrates that environmental rights are emerging as an important component of international law and Polish law. At the national and international levels, the right to a healthy environment (or a related formulation) has played an important role in fostering connections between human rights and environmental approaches. The increasing practice of substantively upholding and encouraging respect for the right to a clean environment is important and should be recognized and strengthened.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

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