The State of a Human Right to a Healthy Environment

2018 ◽  
Vol 7 (1) ◽  
pp. 151
Author(s):  
MOCH. CHOIRUL RIZAL

Selain masih tersebar dalam berbagai peraturan perundang-undangan, kebijakan kriminalisasi yang ada saat ini masih belum mampu menjawab permasalahan pokok, yakni dampak negatif dari pengonsumsian minuman beralkohol. Dalam hal ini, tujuan pembangunan nasional berdasarkan Pancasila belum terwujud dengan baik. Studi konseptual ini fokus terhadap 2 (dua) permasalahan pokok. Pertama, kebijakan kriminalisasi konsumsi minuman beralkohol di Indonesia. Di tingkat undang-undang, yakni KUHP, kebijakan kriminalisasi terhadap subjek hukum yang mengonsumsi minuman beralkohol diharuskan merugikan kepentingan hukum orang lain atau umum, yakni sebagaimana ditentukan dalam Pasal 300, Pasal 492 ayat (1), dan Pasal 536 KUHP. Di tingkat yang lain, yakni peraturan daerah, baik di tingkat provinsi maupun kabupaten/kota, beberapa telah secara tegas memuat kebijakan kriminalisasi konsumsi minuman beralkohol tanpa mempertimbangkan apakah perbuatan tersebut merugikan orang lain atau tidak. Kedua, kebijakan kriminalisasi konsumsi minuman beralkohol di Indonesia pada masa yang akan datang. Berdasar pada pertimbangan filosofis, yuridis, dan sosiologis, perlu diadakan pembaruan hukum terkait kebijakan kriminalisasi konsumsi minuman beralkohol di Indonesia. Adanya pembaruan kebijakan kriminalisasi mengonsumsi minuman beralkohol di Indonesia menunjukkan bahwa negara telah menjamin hidup sejahtera lahir batin, tempat tinggal, serta lingkungan hidup yang baik dan sehat. Semua itu merupakan kebutuhan manusia yang menjadi hak asasi yang harus dihormati dan dipenuhi oleh negara atau pemerintah dalam konteks melindungi kehidupan segenap bangsa Indonesia.Besides still scattered in several laws and regulations, the existing criminalization policy is still not able to answer the main issue, namely the negative impact of consuming alcoholic beverages. In this case, the national development objectives based on Pancasila have not been properly achieved. This conceptual study focuses on 2 (two) key issues. First, the scattered criminalization policies on consuming alcohol in Indonesia. At the law’s level, the Criminal Code, the criminalization policies of legal subjects consuming alcoholic beverages is required to impair the legal or other public interest, as provided in Article 300, Article 492 paragraph (1) and Article 536. At another level, namely the regional regulations, both at the provincial and district/city levels, some have explicitly contained the criminalization policy of consuming alcoholic beverages without considering whether the act is harming others or not. Second, the policy of criminalization to consume alcoholic beverages in Indonesia in the future. Based on philosophical, juridical, and sociological considerations, it is necessary to reform law related to criminalization policy of consuming alcoholic beverages in Indonesia. In the future, with the renewal of the criminalization policy of consuming alcoholic beverages in Indonesia, the state has guaranteed a well-born and inner life, a place to live, and a good and healthy environment which is a human need that becomes a human right that must be respected and fulfilled by the state or government in the context of protecting the lives of all people.


2020 ◽  
pp. 549-559
Author(s):  
Marina A. Ermolina ◽  
◽  
Anna V. Kryukova ◽  

The subject of this study is the Urgenda Foundation v. The State of the Netherlands case related to climate law. This is the first known example of the use of European Union human rights law in a lawsuit on climate change and the observance of the human right to a healthy environment against the state. Using the comparative legal method, the authors consider similar cases in different countries, which makes it possible to determine the specifics of the relationship between the parties in the Fund’s case.


2021 ◽  
Vol 13 (13) ◽  
pp. 7470
Author(s):  
Rebeca Monroy-Torres ◽  
Ángela Castillo-Chávez ◽  
Erika Carcaño-Valencia ◽  
Marco Hernández-Luna ◽  
Alex Caldera-Ortega ◽  
...  

The COVID-19 pandemic showed an impact mainly on the health of people and the economy of households. The levels of food security in the world’s households, especially in Mexico, have decreased. When people do not have food security, their health is compromised and they have financial problems; on the other hand, environmental deterioration has a link with food security. The purpose of this review is to analysis of the current situation in Mexico of food security, environmental health and economy, the main lessons learned in these areas and their proposals integrating public policies. A review was carried out in the main databases (MEDLINE, Embase, CINAHL Plus, Web of Science, CAB Abstracts y PAIS Index) with the following keywords and according to the MeSH terms: Food security, food insecurity, environmental health, public policies, environmental, production, integrating the word COVID-19 in English and Spanish. Only 44.5% of Mexican households presented food security. For food insecurity, 22.6% had moderate and severe food insecurity, while 32.9% had mild insecurity. Food insecurity and the health impacts of environmental origin (waste management during the coronavirus pandemic, water contaminated by bacteria, viruses, and toxins; air pollution) generates impacts on economic activity by not offering food that meets health regulations. Without the application of cost-effective measures and interventions for the prevention and control of patients with obesity, the direct costs for 2023 will amount to 9 million dollars, which worsens the household economy. Despite having laws and policies on the right to food, a healthy environment (water), and opportunities for economic growth, these human rights are not fulfilled. The conclusion is that it is necessary to use a health and agroecological model to promote public policies (health, environment, and economy) that aims to prevent the discussed issues, with multidisciplinary and intersectoral interventions (government, academia, researchers, civil society organizations, industry, and population). This upholds the human right that all people should enjoy an adequate, healthy environment and have access to high-quality food.


2021 ◽  
Vol 23 (1) ◽  
pp. 23-39
Author(s):  
Tinashe Madebwe ◽  
Emma Chitsove ◽  
Jimcall Pfumorodze

Environmental deterioration remains a concern in Botswana. Despite efforts being made to address this issue by the state, more needs to be done in this regard. This is particularly interesting in the light of reports that the country is looking to draft a new constitution. Against this backdrop, this article considers whether including environmental rights in Botswana’s constitution would advance environmental protection efforts. To this end, the article relies on experiences with rights drawn from different jurisdictions across the world, as well as commentary on these experiences, to build a tool for measuring the extent to which the turn to environmental rights holds value in a given jurisdiction. Using this tool, and drawing from experiences in looking to establish environmental rights in Botswana, the article measures the extent to which including the right in the constitution would hold value in advancing Botswana’s pursuit of environmental protection objectives.


2020 ◽  
Vol 114 ◽  
pp. 193-199
Author(s):  
Sean D. Murphy ◽  
Claudio Grossman

Our conversation might begin by looking backward a bit. The human rights movement from 1945 onward has been one of the signature accomplishments of the field of international law, one that refocused our attention from a largely interstate system to a system where the individual moved in from the periphery to the center. Human rights champions point to numerous landmark treaties, numerous institutions, and the rise of NGOs as a critical vehicle for developing and monitoring human rights rules. Yet others look at the international human right system and still see the state as overly central, tolerating and paying lip service to human rights, but too easily discarding them when they prove to be inconvenient. The persistence of racism comes to mind. As a general matter, how would you assess the strengths and weaknesses of the system that was built essentially during your lifetime?


Author(s):  
Hannah Lambie-Mumford

Chapter 7 looks at the role of the state and examines the changing nature of the UK welfare state and the impact these changes are having on the need for and shape of emergency food provision. The chapter argues that social security and on-going reforms to it are impacting on need for emergency food in two key ways: through changes to the levels of entitlement; and problematic administrative processes. Furthermore, the consequences of welfare reforms are impacting on the nature of these systems. As the level of need is driven up, projects are re-considering their operations, contemplating logistics and means of protecting projects’ access to food. At a local level, particular reforms appear to be embedding local welfare systems which increasingly incorporate local food projects.The question of the state as duty bearer is discussed. By right to food standards the welfare state can be considered a vital aspect to both fulfilling and protecting people’s right; but the state’s role is much broader, encompassing action in relation to labour markets, commercial food markets and other spheres where it could exercise influence to respect and protect people’s human right.


2017 ◽  
Vol 1 (3) ◽  
pp. 102-144
Author(s):  
Buthaina Rashid Al Kaabi ◽  
Hanan Ibrahim Mazloum

gas sector, an important sector in Iraq because of the great economic significance in support of the Iraqi economy and it represents a second fixed with oil to finance the state budget source of income. As well as investment by the lead to reduce the effects of environment polluting due to the accompanying emissions of dangerous toxic gases, gas flaring, which sometimes lead to the death of many people if inhaled and that the aim of the research dealt with knowledge of the environmental impact before making an investment associated gas decision and after the establishment of a project to improve the environment and the extent of impact of the project in the social life and the solution to the problem of the research of the combustion of large amounts of associated gas because of the lack of attention to hold such an important natural resource that generates state many returns and lead to significant financial losses in the event of lack of investment. the gas combustion leads to polluted and unhygienic environment causing disease, cancer of the inhabitants of neighboring areas .oan the practical side of the research dealt with the relationship between investment-associated and its impact gas-decision in the preservation of the environment and that the most important conclusions of the research: the investment-associated gas decision Rashid and that the decision came too late, according to the findings of the research, the this decision adds another supplier of oil in the state budget was burning waste and contribute to the preservation of free burning remnants of a healthy environment, This corresponds to the research : Promote associated gas investment in order to support the state budget an additional financial resource of oil and this is what improves the current and future situation and also reduces the effects of environmental damage.


2006 ◽  
Vol 3 (1) ◽  
Author(s):  
Warsono Warsono

Human Rights are a fundamental problem in every country. especially in the developing countries such as Indonesia. Even though, the state had given protection of human right for everybody, but in Indonesia there are many breakdowns of it. As a democratic state, Indonesia has to regard human right. It is because the human rights were the core of democratic principle. So, the human rights must be trained in the school for every student. By using this way, everybody can know what their rights and obligations very well Civics education can be a vehicle for this goal, because it's one of lessons that talk about human rights and be learned in all school.


2021 ◽  
Vol 22 (4) ◽  
Author(s):  
María Flor Feuermann ◽  

ABSTRACT Introduction: food is a human right and a basic need for their subsistence and development. enough food is produced worldwide to supply all inhabitants and satisfy their caloric and nutritional needs. But the mere fact of producing them does not ensure access to safe and nutritious food for all. Therefore, the correct measurement of nutritional food insecurity is essential for a better understanding of this phenomenon, allowing better communication between society, decision-makers and the political agenda. Objectives: analyze the strengths and limitations of the methodologies used to measure nutritional food security in the Argentine Republic between 1984 and 2017. Materials and methods: a systematic review of articles published in five electronic databases was carried out: Scopus, SciELO, PubMed, BVS and Redalyc. The categories analyzed were the nutritional food security measurement methodologies (when people enjoy food security in addition to a healthy environment, as well as adequate health, education and care), with their type of technique, level, duration and dimension evaluated, limitations and strengths. The search terms used were food insecurity, food security, hunger, food sovereignty, food policy, food availability, nutritional programs, nutritional policies and food assistance. Results: after the search, 22 articles were selected for analysis. Conclusions: all the methodologies analyzed take partial aspects. A methodology has not yet been developed that reflects the multisectoral (food, agricultural, governmental, economic, social, etc.) and multidimensional (access, availability, use and stability) nature of the concept of nutritional food security. Having an adequate measurement of nutritional food security is essential to assess the state of nutritional food insecurity in the Argentine Republic, the government policies that are developed under this concept and verify its impact on the health and nutrition of the Argentine population. Key words: food security; food insecurity; hunger; nutrition policy; Argentina.


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