scholarly journals Human Rights and the Environmental Protection: The Naïveté in Environmental Culture

2018 ◽  
Vol 2 (1) ◽  
pp. 73
Author(s):  
Made Adhitya Anggriawan Wisadha ◽  
Grita Anindarini Widyaningsih
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Ethics ◽  
Environmental Problems ◽  
Theoretical Framework ◽  
Ecological Crisis ◽  
Moral Justification ◽  
Environmental Destruction ◽  
Healthy Environment ◽  
Per Se

There are growing trends in the human rights to substantially extend the values to protect the environment or moreover to welcome the ideas of the rights to environment, not to mention the rights of environment. The purpose is to inclusively embrace the environmental problems wherein the humanity challenges posited on, but this agenda may leave a room of doubt how far the human rights body can address the environmental destruction as it needs the interplay of culture and environmental ethics to promoting such concepts. Therefore, this paper aims to identify the justification of how human rights in the environmental protection in the contemporary discourse are bringing to light, as many current cases attempt to linkage the environmental approach to the human rights instrument, such as the rights to life, healthy environment, and intergenerational equity. To analyse further, the theoretical framework in this paper will be explicated by environmental culture paradigm which illustrates the egalitarian concept between human and environment to elicit the clear thoughts of how human rights is naïve to protect the environment. This article will firstly depict the human rights and the environmental protection discourse and then, explore the naïveté narratives of environmental culture about the ecological crisis roots that are fundamentally anthropogenic, as to reflect the ground realities how this nexus will play out. Finally, this paper found the moral justification per se relies on the effort of elaborating the human prudence in their relationship with nature, albeit bringing the naïveté.

Relationality, Reciprocity, and Flourishing in an African Landscape

2018 ◽  
Author(s):  
Michael Hannis ◽  
Sian Sullivan
Keyword(s):  
Virtue Ethics ◽  
Environmental Ethics ◽  
Field Research ◽  
Environmental Problems ◽  
Theoretical Framework ◽  
Contemporary World ◽  
Environmental Virtue ◽  
Environmental Virtue Ethics

The chapter considers the environmental ethics underlying certain practices and beliefs observed in the course of field research with primarily ||Khao-a Dama people in west Namibia. ||Khao-a Dama perspectives embody a type of “relational environmental ethics” that refracts anthropocentric/ecocentric dichotomies, and is characterized by respect for, and reciprocity with, agency and intentionality as located in entities beyond the human (ancestors, spirits, animals, healing plants and rain). The chapter connects this worldview with contemporary environmental virtue ethics, arguing that it is compatible with a theoretical framework of “ecological eudaimonism” as a fitting response to a complex contemporary world of “wicked” environmental problems.

Environment protection and Human Rights: The urban environment in International Courts of Human Rights

2021 ◽  
Vol 23 (130) ◽  
pp. 292-315
Author(s):  
Mariane Morato Stival ◽  
Sandro Dutra e Silva
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Urban Environment ◽  
Urban Context ◽  
Healthy Environment ◽  
Regional Systems ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Right

This article is about the relation between environmental protection and human rights. The right to healthy environment is directly related to the right to life, in its meaning quality of life. The right to the environment has been analyzed in an indirect and reflexive way in regional systems for the protection of human rights. The purpose of this study is to analyze the right to the urban environment in the jurisprudence of the Inter-American and European human Rights Systems. In the methodological context, the analysis will be made of the theory and international legislation of these regional systems on the environment, the jurisprudence analysis of the Inter-American Court of Human Rights, and the European Court of Human Rights on the urban environment. Possible contributions will be made by the European Court to the Inter-American Court of Human Rights for the extension of environmental protection in the urban context.

5. Non-State Actors: Environmental Rights, Liability, and Crimes

2021 ◽  
pp. 282-355
Author(s):  
Alan Boyle ◽  
Catherine Redgwell
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Legal System ◽  
Environmental Law ◽  
Environmental Problems ◽  
Environmental Rights ◽  
Environmental Disputes ◽  
Alternative Approaches ◽  
Polluter Pays Principle ◽  
International Legal System

This chapter turns to some of the environmental rights and obligations which attach to individuals, corporations, and NGOs in international law. The chapter considers some alternative approaches to the implementation and enforcement of international environmental law. Relying less on interstate claims, or on mechanisms of international supervision, the development of human-rights approaches to environmental protection and the economic logic of the polluter-pays principle have made claims by individuals an increasingly attractive means of dealing with domestic or transboundary environmental problems. But the diversity of the issues needs emphasis in this context also. National remedies are not necessarily alternatives to the systems considered in the last chapter, but are more often complementary to it, and only in certain respects more useful. The variety of approaches now available for the resolution of international environmental disputes does indicate the increasing sophistication of the international legal system, the chapter argues.

scholarly journals Comparing Religious Environmental Ethics to Support Efforts to Achieve Local and Global Sustainability: Empirical Insights Based on a Theoretical Framework

2020 ◽  
Vol 12 (7) ◽  
pp. 2590 ◽  
Author(s):  
Fabio Zagonari
Keyword(s):  
Environmental Ethics ◽  
Environmental Sustainability ◽  
Environmental Problems ◽  
Theoretical Framework ◽  
Global Community ◽  
Eastern Orthodoxy ◽  
Global Sustainability ◽  
Global Environmental Problems ◽  
Feasible Solutions ◽  
National Environmental

This paper develops a theoretical framework to assess the feasibility of environmental sustainability solutions, at local and global levels, based on the religious environmental ethics of several key religions: Hinduism (including Jainism), Buddhism (including Confucianism and Daoism), Judaism, Christianity (Catholicism, Eastern Orthodoxy, Protestantism), and Islam. Solutions are defined in terms of consumption (measured by GDP), environment use (measured by the ecological footprint), and welfare for representative individuals. Empirical insights for alternative religious environmental ethics focus on the relative importance attached to the consumption of goods (α) vs. involvement in a (local/global) community, and on the importance attached to the environment within the (local/global) community (μ). In terms of feasibility for national environmental problems (i.e., pairs of α and μ achieving sustainability, in countries where the religion is a majority) and consistency (i.e., coherence with the religion’s precepts) of policies for national environmental problems: Hinduism = uddhism > Islam > Judaism. Christianity produced no feasible solutions. In terms of effectiveness for global environmental problems (i.e., pairs of α and μ achieving global sustainability, if inequalities among nations are reduced in the future) and replicability for local environmental problems (i.e., pairs of α and μ achieving sustainability in countries where the religion is a minority): Hinduism = Buddhism > Judaism > Islam.

Definition of an Environmental Right in a Human Rights Context

1995 ◽  
Vol 13 (1) ◽  
pp. 25-40 ◽  
Author(s):  
Philippe Cullet
Keyword(s):  
Human Rights ◽  
Environmental Protection ◽  
Environmental Problems ◽  
Theoretical Background ◽  
Judicial Appraisal ◽  
Definition Of ◽  
The Right ◽  
Procedural Rights

This article examines the theoretical background of a right to environment, its contents and the different ways to achieve implementation of the norm. Environmental protection is first ascertained as a universal concern which warrants consideration within a human rights context. Innovative features of the right such as the emphasis on prevention and on the principle of solidarity deriving from the internationalization of environmental problems are then examined. Further, some implementation mechanisms such as procedural rights developed at the same time in environmental and human rights instruments or the judicial appraisal of environmental protection in the context of enforceable human rights are highlighted.

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 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.

Notes on Miki Kiyoshi’s Anthropological Humanism and Environmental Ethics

2021 ◽  
Vol 18 (2) ◽  
pp. 227-257
Author(s):  
Dennis Stromback ◽  
Keyword(s):  
Environmental Ethics ◽  
Social Economic ◽  
Deep Ecology ◽  
Environmental Philosophy ◽  
Ecological Crisis ◽  
Philosophical Work ◽  
Kyoto School ◽  
Environmental Destruction ◽  
The Way

This article argues for the importance of using Miki Kiyoshi’s anthropological humanism as a theoretical resource for confronting the unfolding ecological crisis. What makes Miki’s anthropological humanism valuable towards this end, in particular, is in the way he blends multiple theoretical discourses—particularly Nishida and Marx—which speak to the concerns espoused by Deep Ecology and Marxist approaches to environmental philosophy. Unlike other Kyoto School thinkers deployed in the service of building an environmental ethics in recent years, Miki’s philosophical work offers social-economic alternatives to the problem of capitalism within a non-dual framework that seeks to be non-dogmatic. This article will discuss how Miki’s anthropological humanism can enrich those conversations taking place within the “green” and “red” movements by providing them with insights by which to contest and overcome anthropocentric views of reality and the system of capitalism believed to be responsible for the environmental destruction we see today.

scholarly journals Environmental Ethics

2019 ◽  
Vol 2 (2) ◽  
pp. 48-55
Author(s):  
Mfonobong David Udoudom ◽  
Okpe Okpe ◽  
Timothy Adie ◽  
Samuel Akpan Bassey
Keyword(s):  
Environmental Ethics ◽  
Natural Environment ◽  
Environmental Problems ◽  
Natural World ◽  
Theoretical Framework ◽  
Human Interactions ◽  
Practical Ethics ◽  
Ethical Norms ◽  
The Relationship ◽  
Field Of Inquiry

Environmental ethics is an area that investigates the question of which ethical norms are appropriate for governing human interactions with the natural environment. Considered a branch of applied or practical ethics, environmental ethics has only existed as a subject since the late 1970s. However, concern about environmental problems is growing, and many philosophers claimed that the mainstream of ethics' only focus on humans' relationships with other humans leaving behind clear theoretical framework for ethically evaluating the relationship among humans and the nonhuman natural world. In response to this position, they recommended that a new field of inquiry was needed to investigate this matter directly. This paper looks into the thrust of environmental ethics. 

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