Analysis of Domestic Legal Framework based on International Law Towards Children’s Environmental Protection

2021 ◽  
Vol SI ◽  
pp. 21-36
Author(s):  
Maizatun Mustafa ◽  
Zuraini Ab. Hamid ◽  
Soo Chen Kwan ◽  
Mazrura Sahani

Environmental damage and climate change consequences are affecting the health and well-being of many people throughout the world. However as compared to adults, children are more susceptible to environmental hazards because of their unique physiological, developmental and metabolic needs causing them to face a greater risk if exposed to pollution. While imperative actions are persistently being taken by countries globally to address environmental and climate change concerns, confronting these issues in the era of COVID-19 could be more complex due to implications and unprecedented challenges associated with the pandemic. In relation to children, while they are not a category at risk from a medical viewpoint, they are nevertheless not standing on an equal footing in facing environmental consequences of the pandemic effects. In responding to the interlinkages of COVID-19 crisis, environmental degradation, and children’s protection, the article examines provisions of the Child Act 2001 which is the most important legislation in Malaysia on children. The article then examines related policies and international law which provide the foundation of the objectives of the Act. It is imperative that, during the time when new threats to children’s wellbeing keep occurring, policies and international law principles are revisited and comprehended to support the law in securing protective actions for children and in constructing a new normal for the purpose of sustainability.

Anthrozoology ◽  
2018 ◽  
pp. 17-31
Author(s):  
James A. Serpell

Companion animals (or pets) form a distinctive category of domestic animals defined by their primary use as nonhuman social support providers. Companion animals have an ancient history that may precede and anticipate the original domestication of animals. Currently, more than 60% of European and American households keep pets, and their numbers are increasing rapidly in several emerging economies. The results of research over the past four decades suggest that relationships with companion animals may be beneficial to human health and well-being, though the extent of the benefits will likely depend on relationship quality. Exposure to positive relationships with pets in childhood may also predispose people to develop more empathic responses to animals later in life. In spite of these benefits, pet ownership also imposes costs, particularly in terms of environmental damage, risk to public health and threat to animal welfare. The future of these exceptional human–animal relationships will depend on striking a positive balance between the benefits and the costs.


Author(s):  
Meier Benjamin Mason ◽  
Murphy Thérèse ◽  
Gostin Lawrence O

This chapter examines the historical origins of human rights as a basis for public health. Tracing the idea of rights from philosophical notions of natural rights to human rights under international law, the normative foundations underlying rights have long been seen as central to health and well-being—from the political engagement with underlying determinants of health in 1848 to the international codification of the Universal Declaration of Human Rights (UDHR) in 1948. The modern human rights system that frames public health arose in response to the deprivations and atrocities of World War II. Giving rise to the notion of human rights under international law, the postwar creation of the United Nations (UN) provided the structure for a new legal regime under which individuals were seen as having certain rights by virtue of their humanity, ensuring a foundation for the evolution of rights to advance health.


Author(s):  
Shinichiro Asayama ◽  
Seita Emori ◽  
Masahiro Sugiyama ◽  
Fumiko Kasuga ◽  
Chiho Watanabe

Abstract Climate change and coronavirus pandemic are the twin crises in the Anthropocene, the era in which unsustainable growth of human activities has led to a significant change in the global environment. The two crises have also exposed a chronic social illness of our time—a deep, widespread inequality in society. Whilst the circumstances are unfortunate, the pandemic can provide an opportunity for sustainability scientists to focus more on human society and its inequalities, rather than a sole focus on the natural environment. It opens the way for a new normative commitment of science in a time of crises. We suggest three agendas for future climate and sustainability research after the pandemic: (1) focus on health and well-being, (2) moral engagement through empathy, and (3) science of loss for managing grief.


Author(s):  
Melinda R. Weathers ◽  
Edward Maibach ◽  
Matthew Nisbet

Effective public communication and engagement have played important roles in ameliorating and managing a wide range of public health problems including tobacco and substance use, cardiovascular disease, HIV/AIDS, vaccine preventable diseases, sudden infant death syndrome, and automobile injuries and fatalities. The public health community must harness what has been learned about effective public communication to alert and engage the public and policy makers about the health threats of climate change. This need is driven by three main factors. First, people’s health is already being harmed by climate change, and the magnitude of this harm is almost certain to get much worse if effective actions are not soon taken to limit climate change and to help communities successfully adapt to unavoidable changes in their climate. Therefore, public health organizations and professionals have a responsibility to inform communities about these risks and how they can be averted. Second, historically, climate change public engagement efforts have focused primarily on the environmental dimensions of the threat. These efforts have mobilized an important but still relatively narrow range of the public and policy makers. In contrast, the public health community holds the potential to engage a broader range of people, thereby enhancing climate change understanding and decision-making capacity among members of the public, the business community, and government officials. Third, many of the actions that slow or prevent climate change, and that protect human health from the harms associated with climate change, also benefit health and well-being in ways unrelated to climate change. These “cobenefits” to societal action on climate change include reduced air and water pollution, increased physical activity and decreased obesity, reduced motor-vehicle–related injuries and death, increased social capital in and connections across communities, and reduced levels of depression. Therefore, from a public health perspective, actions taken to address climate change are a “win-win” in that in addition to responsibly addressing climate change, they can help improve public health and well-being in other ways as well. Over the past half decade, U.S.-based researchers have been investigating the factors that shape public views about the health risks associated with climate change, the communication strategies that motivate support for actions to reduce these risks, and the practical implications for public health organizations and professionals who seek to effectively engage individuals and their communities. This research serves as a model for similar work that can be conducted across country settings and international publics. Until only recently, the voices of public health experts have been largely absent from the public dialogue on climate change, a dialogue that is often erroneously framed as an “economy versus the environment” debate. Introducing the public health voice into the public dialogue can help communities see the issue in a new light, motivating and promoting more thoughtful decision making.


Author(s):  
Jean Louis Weber

Environmental accounting is an attempt to broaden the scope of the accounting frameworks used to assess economic performance, to take stock of elements that are not recorded in public or private accounting books. These gaps occur because the various costs of using nature are not captured, being considered, in many cases, as externalities that can be forwarded to others or postponed. Positive externalities—the natural resource—are depleted with no recording in National Accounts (while companies do record them as depreciation elements). Depletion of renewable resource results in degradation of the environment, which adds to negative externalities resulting from pollution and fragmentation of cyclic and living systems. Degradation, or its financial counterpart in depreciation, is not recorded at all. Therefore, the indicators of production, income, consumption, saving, investment, and debts on which many economic decisions are taken are flawed, or at least incomplete and sometimes misleading, when immediate benefits are in fact losses in the long run, when we consume the reproductive functions of our capital. Although national accounting has been an important driving force in change, environmental accounting encompasses all accounting frameworks including national accounts, financial accounting standards, and accounts established to assess the costs and benefits of plans and projects. There are several approaches to economic environmental accounting at the national level. Of these approaches, one purpose is the calculation of genuine economic welfare by taking into account losses from environmental damage caused by economic activity and gains from unrecorded services provided by Nature. Here, particular attention is given to the calculation of a “Green GDP” or “Adjusted National Income” and/or “Genuine Savings” as well as natural assets value and depletion. A different view considers the damages caused to renewable natural capital and the resulting maintenance and restoration costs. Besides approaches based on benefits and costs, more descriptive accounts in physical units are produced with the purpose of assessing resource use efficiency. With regard to natural assets, the focus can be on assets directly used by the economy, or more broadly, on ecosystem capacity to deliver services, ecosystem resilience, and its possible degradation. These different approaches are not necessarily contradictory, although controversies can be noted in the literature. The discussion focuses on issues such as the legitimacy of combining values obtained with shadow prices (needed to value the elements that are not priced by the market) with the transaction values recorded in the national accounts, the relative importance of accounts in monetary vs. physical units, and ultimately, the goals for environmental accounting. These goals include assessing the sustainability of the economy in terms of conservation (or increase) of the net income flow and total economic wealth (the weak sustainability paradigm), in relation to the sustainability of the ecosystem, which supports livelihoods and well-being in the broader sense (strong sustainability). In 2012, the UN Statistical Commission adopted an international statistical standard called, the “System of Environmental-Economic Accounting Central Framework” (SEEA CF). The SEEA CF covers only items for which enough experience exists to be proposed for implementation by national statistical offices. A second volume on SEEA-Experimental Ecosystem Accounting (SEEA-EEA) was added in 2013 to supplement the SEEA CF with a research agenda and the development of tests. Experiments of the SEEA-EEA are developing at the initiative of the World Bank (WAVES), UN Environment Programme (VANTAGE, ProEcoServ), or the UN Convention on Biological Diversity (CBD) (SEEA-Ecosystem Natural Capital Accounts-Quick Start Package [ENCA-QSP]). Beside the SEEA and in relation to it, other environmental accounting frameworks have been developed for specific purposes, including material flow accounting (MFA), which is now a regular framework at the Organisation for Economic Co-operation and Development (OECD) to report on the Green Growth strategy, the Intergovernmental Panel on Climate Change (IPCC) guidelines for the UN Framework Convention on Climate Change (UNFCCC), reporting greenhouse gas emissions and carbon sequestration. Can be considered as well the Ecological Footprint accounts, which aim at raising awareness that our resource use is above what the planet can deliver, or the Millennium Ecosystem Assessment of 2005, which presents tables and an overall assessment in an accounting style. Environmental accounting is also a subject of interest for business, both as a way to assess impacts—costs and benefits of projects—and to define new accounting standards to assess their long term performance and risks.


Author(s):  
Kelsey Timler ◽  
Dancing Water Sandy

In this paper, we will discuss gardening as a relationship with nature and an ongoing process to support Indigenous health and well-being in the context of the climate crisis and increasingly widespread forest fires. We will explore the concept of gardening as both a Euro-Western agriculture practice and as a longstanding Indigenous practice—wherein naturally occurring gardens are tended in relationship and related to a wider engagement with the natural world — and the influences of colonialism and climate change on both. Drawing on our experiences as an Indigenous Knowledge Keeper (Dancing Water) and a non-Indigenous community-based researcher (Kelsey), our dialogue will outline ways to support health and well-being through land-based activities that connect with Indigenous traditions in ways that draw on relationships to confront colonialism and the influences of climate change. This dialogue is founded on our experiences in the central interior of British Columbia, Canada, one of the areas hit hardest by the 2017 wildfires. We will explore the possibilities and limitations of gardening and the wider concept of reciprocity and relationship as a means to support food security, food sovereignty, and health for Indigenous Peoples.


2020 ◽  
Vol 76 ◽  
pp. 102295 ◽  
Author(s):  
Marianne Hrabok ◽  
Aaron Delorme ◽  
Vincent I.O. Agyapong

2020 ◽  
Vol 163 (4) ◽  
pp. 2073-2095
Author(s):  
Kimberly Bryan ◽  
Sarah Ward ◽  
Liz Roberts ◽  
Mathew P. White ◽  
Owen Landeg ◽  
...  

AbstractThe global literature on drought and health highlights a variety of health effects for people in developing countries where certain prevailing social, economic and environmental conditions increase their vulnerability especially with climate change. Despite increased focus on climate change, relatively less is known about the health-drought impacts in the developed country context. In the UK, where climate change–related risk of water shortages has been identified as a key area for action, there is need for better understanding of drought-health linkages. This paper assesses people’s narratives of drought on health and well-being in the UK using a source-receptor-impact framing. Stakeholder narratives indicate that drought can present perceived health and well-being effects through reduced water quantity, water quality, compromised hygiene and sanitation, food security, and air quality. Heatwave associated with drought was also identified as a source of health effects through heat and wildfire, and drought-related vectors. Drought was viewed as potentially attributing both negative and positive effects for physical and mental health, with emphasis on mental health. Health impacts were often complex and cross-sectoral in nature indicating the need for a management approach across several sectors that targets drought and health in risk assessment and adaptation planning processes. Two recurring themes in the UK narratives were the health consequences of drought for ‘at-risk’ groups and the need to target them, and that drought in a changing climate presented potential health implications for at-risk groups.


Author(s):  
Oleg Panchenko

The transition to an informational lifestyle significantly increases the creative potential of society as a whole, and the individual in particular. Along with this, there is a significant increase of the load on the human’s mind under conditions of increasing flows of information and its turbulence. The information environment essentially becomes the main source of information for a person, has a direct impact on his mental activity, on the formation of his social behavior. A person is forced to live in this environment, to perceive its realities adequately, to adapt to information threats from this environment. The awareness of these threats has led to careful attention to information security. A child, being a specific member of a society, nevertheless acts as a full-fledged participant in information relations, and must be in such a state of protection, in which there is no risk associated with information causing harm to his health, physical, mental, spiritual and moral development.A child in his development, processing information, actively assimilates social experience, as well as a system of social connections and relationships, and subsequently reproduces all this in his life. In the course of this process, he acquires the qualities, values, beliefs and forms of behavior that he needs for normal life.Ensuring the information security of a child implies protection because of the destabilizing effect of information on health and mental, spiritual and moral development; creation of conditions for the information environment for positive socialization and individualization of the personality, optimal social, personal, cognitive and physical development, preservation of somatic, mental and psychological health and well-being, the formation of a positive worldview. The latter is possible when determining the main directions of state policy in the interests of children and the key mechanisms for its implementation, based on the generally recognized principles and norms of the international law.


2020 ◽  
Vol 73 (12) ◽  
pp. 2789-2794
Author(s):  
Oleksandr V. Petryshyn ◽  
Marianna I. Liubchenko ◽  
Oleksii O. Liubchenko

The aim: Is to analyze the development of the modern legal framework for child's health care, to clarify the benefits of a human rights-based approach, which is now is mainstreaming for understanding the right of children to health and means of its protection. Materials and methods: To achieve this goal, as well as taking into account the specifics of the topic, the following research methods became relevant: the application of a dialectical approach and historical method made it possible to understand the patterns of formation and development of ideas of children's rights and health within the international community and national states; formal-legal method was used when studying legal texts (international law acts, both of universal and regional level, interpretation and clarification of human rights treaty bodies, expert reports and research, case law), and comparative-legal was used to compare different approaches on health protection in various international human rights mechanisms (US Supreme Court, Council of Europe). Conclusions: Today, perceptions of children's rights at the doctrinal and jurisprudential levels are quite developed due to a broad understanding and openness to progressive interpretation. In particular, the inclusion into the legal context such determinants as the inviolability of the dignity and private life of the child, proper understanding of the stages of adulthood, and an assessment of the child's developmental environment has made modern international law and national legal systems to become more viable in sense of protection of child's well-being in today's world.


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