Violation of the legislation on the right to information and public participation in climate change issues by the Ministry of Environmental Protection in Ukraine

2018 ◽  
Keyword(s):  
Climate Change ◽  
Public Participation ◽  
Environmental Protection ◽  
Right To Information ◽  
The Right

scholarly journals ENVIRONMENTAL PROTECTION AS FUNDAMENTAL RIGHT GUARANTEED TO THE EUROPEAN LEVEL

2020 ◽  
Vol 14 (2) ◽  
pp. 121-130
Author(s):  
Alina Gentimir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Environmental Protection ◽  
Legal Framework ◽  
Fundamental Rights ◽  
The European Union ◽  
Council Of Europe ◽  
Healthy Environment ◽  
Right To Information ◽  
The Right

The article examines, in a comparative perspective, both legal framework of the European Union and Council of Europe and case law of the Court of Justice of European Union and European Court of Human Rights in order to highlight superior level of the right to a healthy environment European protection. The multitude of concepts related to the environmental protection and their connections require compulsory conceptual delimitations. As other international and regional organizations, the European Union expresses interest in environmental protection, consecrating to it numerous legal instruments, the most relevant of these, in terms of human rights, being the Charter of Fundamental Rights, in which (Article 37) is provided expressly that environmental protection is a fundamental right, unlike the Council of Europe where this right is recognized only as an indirect right. Affiliation of this right to a certain category of rights – global rights, solidarity rights or individual or collective rights – has been a source of both doctrinal and jurisprudential disputes. Genuine interdependence with other fundamental rights such as the right to life, the right to private and family life, right to property and right to information ensues from the substance of the right to protection of the environment. The presentation of the principles which outline the content of the right in discussion emphasizes that the Charter text was drafted in accordance with the latest developments in the field of normative and jurisprudential environment established at international, regional and national levels, respectively, in interaction with the principle of sustainable development. Finally, an analysis of the most frequent modalities of environmental degradation contributes to find proper mechanisms for a better guarantee of the respect of environmental protection as a fundamental right.

scholarly journals Udział stowarzyszeń zwykłych w postępowaniu sądowoadministracyjnym w sprawach z zakresu ochrony środowiska – analiza rozbieżności w orzecznictwie

2018 ◽  
Vol 4 (1) ◽  
pp. 160-180
Author(s):  
Piotr Korzeniowski
Keyword(s):  
Civil Society ◽  
Civil Rights ◽  
Public Participation ◽  
Environmental Protection ◽  
Rule Of Law ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Administrative Proceedings ◽  
The Right ◽  
Democratic Country

Participation of unincorporated associations in court and administrative proceedings is a tool of public participation which is a part of basic principles of performance of a democratic country and a civil society. By means of abiding by those principles administrative bodies and courts respect the rule of law and it becomes a standard. The rule of public participation can be as well treated as a part of the basic civil rights stipulated in the Constitution. By respecting the right of unincorporated associations to participate in court and administrative proceedings in environmental protection-related cases the goals and functions of environmental protection law can be accomplished. 

scholarly journals Beyond the Right of Access: A Critique of the Legalist Approach to Dissemination of Climate Change Information in Kenya

2020 ◽  
Vol 12 (6) ◽  
pp. 2530
Author(s):  
Joe Ageyo ◽  
Idah Gatwiri Muchunku
Keyword(s):  
Climate Change ◽  
Diffusion Of Innovations ◽  
National Level ◽  
Multilateral Environmental Agreements ◽  
The Public ◽  
Qualitative Research Design ◽  
Climate Change Information ◽  
Right To Information ◽  
The Right ◽  
Scientific Narratives

Kenya has strengthened its climate change governance by developing national level instruments. Principle 10 of the Rio Declaration requires countries to ensure that each individual has appropriate access to public environmental information. Kenya has anchored the right to information in its constitution and the 2016 Access to Information Act. However, this legalist approach has left a translation gap since climate change information is availed in a form and language that is largely inaccessible to the public. To address the gap, this study reviewed the effectiveness of dissemination and access to climate change information among Kenyans as a measure of the country’s fidelity to the decisions of the United Nations Framework Convention on Climate Change and other Multilateral Environmental Agreements, to which it is party. The study, guided by the diffusion of innovations theoretical framework and the encoding/decoding model, adopted a qualitative research design. Desk research and in-depth interviews were used to collect data. Results revealed that the current dissemination practices of climate change information in Kenya were not effectively reaching grassroots communities due to socio-economic and language barriers. The study recommends repackaging the information into vernacular and non-scientific narratives that resonate with the daily experiences of local Kenyan communities.

scholarly journals THE HUMAN RIGHTS COMMITTEE, ENVIRONMENTAL PROTECTION AND THE RIGHT TO LIFE

2020 ◽  
Vol 69 (3) ◽  
pp. 735-752
Author(s):  
Ginevra Le Moli
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
New Zealand ◽  
Environmental Protection ◽  
Case Law ◽  
Right To Life ◽  
Potential Impact ◽  
The Right ◽  
First Time ◽  
Threat To Life

AbstractIn its August 2019 decision in Portillo Cáceres v Paraguay, the Human Rights Committee recognised, for the first time, the existence of a connection between environmental protection and the right to life with dignity. This is not only a landmark decision for the Committee but also represents the consolidation of a body of case law and practice from the three regional human rights courts and other UN human rights bodies which has developed over the last quarter of a century. It also shows the potential of two important and widely debated paragraphs in the newly adopted General Comment No. 36 on the Right to Life, which describe environmental degradation as both an enabler of threats and a direct threat to the right to life. Such potential has been confirmed in another landmark decision of the HRC—Teitiota v New Zealand, relating to climate change as threat to life. This article draws on Portillo Cáceres v Paraguay and Teitiota v New Zealand to analyse this wider field of practice in order to clarify the connection between the right to life and environmental protection, as recognised by the Committee, and considers its potential impact on future litigation.

Some Thoughts Evoked by Peter Lor, Bradley Wiles, and Johannes Britz, “Re-thinking Information Ethics: Truth, Conspiracy Theories, and Librarians in the COVID-19 Era,” in LIBRI, March 2021

Libri ◽  
2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Thomas Froehlich
Keyword(s):  
Public Health ◽  
Climate Change ◽  
Research Paper ◽  
Information Ethics ◽  
Ethical Framework ◽  
Conspiracy Theories ◽  
Holocaust Denial ◽  
Library Programming ◽  
Right To Information ◽  
The Right

Abstract The paper offers some thoughts prompted by the research paper published by Peter Lor, Bradley Wiles, and Johannes Britz, “Re-Thinking Information Ethics: Truth, Conspiracy Theories, and Librarians in the COVID-19 Era,” in LIBRI, March 2021. It highlights two significant contributions, an analysis of the misinformation in the COVID-19 pandemic and the notion of alethic rights, the right of truth of patrons based on the work of D’Agostini. This reflection then situates the COVID-19 misinformation campaign within the broader disinformation ecology within which it exists. While it agrees that alethic rights are an important ethical framework, it wonders whether it practically advances work beyond that libraries and librarians are already doing, e.g., in collection decisions, approaches to reference questions, or library programming. It looks at the debate between John Swan and Noel Peattie on the inclusion of books representing outright lies in the collection (e.g., Holocaust denial). It then contrasts a right to information and authorities propagating and validating that information with a right to misinformation and authorities for propagating and validating that misinformation that exists within disinformation ecologies. The problem of truth, its authorities and its context appears to be more complicated than an appeal to alethic truths: for example, liberals and conservatives differ on the meaning of a rational consensus on contentious political matters, such as climate change. Given the dire consequences of misinformation on democracies and public health, an appeal to professional neutrality is woefully inadequate. There must be proactive resistance, if not outright repudiation.

scholarly journals Is Chile building good climate governance? Reflections on the drafting process of the climate change framework law

2021 ◽  
Vol 23 (1) ◽  
pp. 40-48
Author(s):  
Monserrat Madariaga Gómez de Cuenca
Keyword(s):  
Climate Change ◽  
Public Participation ◽  
Decision Making Process ◽  
Special Focus ◽  
Climate Policies ◽  
Regulatory Instruments ◽  
Critical Account ◽  
Change Framework ◽  
The Right ◽  
Climate Crisis

This article provides a critical account of the genesis of the first Chilean climate change law. Analysis and discussion on national climate policies and laws must take into account the constitutional, legal, political and social context of each country. Along with a description of the main objectives and regulatory instruments in the law, this article contains a review of the drafting process -with a special focus on the actors involved and public participation-.This review demonstrates a centralised decision-making process which lacked meaningful public participation. These violations to the right of democracy lead to the disappointing prediction that this climate change law and the instruments that will be enacted to implement it will be unfit to respond to the climate crisis in a country that – like many others – desperately needs to take climate change-related action.

Level of Awareness on the Right to Information Act, 2005 Among Beneficiaries in Selected Districts of Rajasthan

2011 ◽  
Vol 2 (1) ◽  
pp. 118-120
Author(s):  
Harendra Singh ◽  
◽  
Dr. S.S. Chouhan Dr. S.S. Chouhan ◽  
Dr. Sonia Dutt Sharma
Keyword(s):  
Right To Information ◽  
The Right

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

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