scholarly journals The Inter-American Court of Human Rights Advisory Opinion OC-23/17 on the Relationship between Human Rights and the Environment

2021 ◽  
Vol 46 (3) ◽  
pp. 177-188
Author(s):  
Przemysław Siwior
Keyword(s):  
Human Rights ◽  
International Law ◽  
Caribbean Region ◽  
Environmental Damage ◽  
Advisory Opinion ◽  
Human Right ◽  
Healthy Environment ◽  
Extraterritorial Jurisdiction ◽  
The Right ◽  
The Relationship

On 15 November 2017, the Inter-American Court of Human Rights issued an advisory opinion OC-23/17 on the relationship between human rights and the environment. The opinion responded to a request made by Colombia pursuant to Article 64(1) of the American Convention on Human Rights regarding extraterritorial jurisdiction of state parties to the Convention resulting from mega-infrastructure projects in the Greater Caribbean region. The purpose of this article is to discuss the general issues dealt with by the Court, concentrating on the significance of this Advisory Opinion for international law. The opinion contains two main interesting aspects. First, in the light of the opinion, states are responsible for the environmental damage they cause, regardless of whether it occurs within their borders or beyond them. Second, the Advisory Opinion recognizes that the right to a healthy environment is an autonomous, fundamental human right that shall be protected.

scholarly journals HAK ASASI MANUSIA DAN PERLINDUNGAN LINGKUNGAN HIDUP

2020 ◽  
Vol 1 (2) ◽  
pp. 48-58
Author(s):  
Priya Tandirerung Pasapan
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Environmental Issues ◽  
Human Right ◽  
Profound Impact ◽  
Indonesian Government ◽  
Healthy Environment ◽  
The Right ◽  
The Relationship ◽  
Inherent Part

Attention to environmental issues is not only limited to local or national problems but also as an international problem. Protection of the environment has become a main agenda of the international community. This program based on the reality of various environmental pollution and damage events that have had a profound impact on human life. This article analyzes the relationship between the environment and human rights and the Indonesian government's policy to protect the environment. The purposes of this paper are to find out the correlation between human rights and the environment, and find out the policies of the Indonesian government in this regard. Through this article, it can be seen that the environment is an inherent part of human rights, which the right to a good and healthy environment is a human right. Furthermore, the Indonesian government has also taken steps and efforts in ensuring environmental protection, one of which is through legal instruments of the law.

“Lhaka Honhat Association v. Argentina”: Landmark decision on direct justiciability of Article 26 ACHR and the autonomous right to a healthy environment

2020 ◽  
Vol 53 (4) ◽  
pp. 492-506
Author(s):  
Margret Carstens
Keyword(s):  
Human Rights ◽  
Indigenous Communities ◽  
Environmental Damage ◽  
Court Cases ◽  
Human Right ◽  
Healthy Environment ◽  
Adequate Food ◽  
The Right ◽  
Access To Food ◽  
Scope Of Protection

The Inter-American Court of Human Rights (IACtHR), after 28 years of conflict with the Argentine state, finally ruled in favor of the rights of the indigenous communities of Salta, Argentina. The Court condemned Argentina for violating the right of these indigenous communities to their cultural identity, a healthy environment, and adequate food and water. The Court ordered specific action in Argentina for the restitution of those rights, including urgently needed access to food and water, reforestation and the recovery of indigenous culture. Lhaka Honhat is a landmark judgment for the IACtHR sets a precedent concerning the direct justiciability of Article 26 of the American Convention on Human Rights (ACHR). This is the first ruling by this Court to independently analyze the human right to a healthy environment. “Lhaka Honhat” establishes clearer rules for State actions concerning the principle of prevention of environmental damage caused by private individuals and establishes guidelines for restitution and compensation for the violation of indigenous (collective) rights when their natural resources are affected. A more comprehensive reading of the scope of protection under Article 26 in future court cases is likely.

scholarly journals PERLINDUNGAN HAK ATAS LINGKUNGAN HIDUP YANG BAIK DAN SEHAT DI ERA GLOBALISASI

2015 ◽  
Vol 44 (1) ◽  
pp. 18
Author(s):  
Rochmani Rochmani
Keyword(s):  
Human Rights ◽  
Human Life ◽  
Living Environment ◽  
Human Rights Violations ◽  
Environmental Damage ◽  
Human Right ◽  
Healthy Environment ◽  
Healthy Part ◽  
The Right ◽  
Good Environment

Environmental damage can result in the right to a good environment and healthy living in communities disrupted. Right to good living environment and healthy part of human rights. Violation of good environment and healthy is a violation of human rights. Right to environment is a human right that must be upheld and respected by the international community. Violations of the right to a good environment and healthy environment is a crime. However, that is still a lot of human rights violations occur. Right to a good and healthy environment is a fundamental human right. The rights attached to a construction that strengthen human life. In the globalization era human rights violations can be filed in an international judicial mechanisms, as a form of protection of the right to a good and healthyenvironment.Kerusakan lingkungan hidup dapat mengakibatkan hak atas lingkungan hidup yang baik dan sehat pada masyarakat terganggu.  Hak atas lingkungan hidup yang baik dan sehat bagian dari HAM. Pelanggaran terhadap lingkungan hidup yang baik dan sehat merupakan pelanggaran HAM. Hak atas  lingkungan hidup merupakan  HAM yang harus dijunjung tinggi dan dihormati oleh masyarakat internasional. Pelangaran terhadap hak atas lingkungan hidup yang baik dan sehat merupakan kejahatan lingkungan. Namun demikian yang terjadi masih banyak pelanggaran HAM. Hak atas lingkungan yang baik dan sehat merupakan hak yang fundamental manusia. Hak itu melekat sebagai yang memperkuat konstruksi kehidupan manusia. Di era globalisasi pelanggaran HAM berat bisa diajukan dalam mekanisme peradilan internasional, sebagai wujud perlindungan terhadap  Hak atas lingkungan yang baik dan sehat.

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 of humans to a healthy environment, a fourth generation human right

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Daniela PÎRVU
Keyword(s):  
Human Rights ◽  
Environmental Factors ◽  
Fourth Generation ◽  
Environmental Damage ◽  
The European Union ◽  
Human Right ◽  
Healthy Environment ◽  
European Court ◽  
The Individual ◽  
The Right

This article aims to clarify the relationship between human rights and the environment, as it results from the jurisprudence of the two supranational institutions at the level of the European Union (the European Court of Human Rights and the European Court of Justice). It can be said that, to date, the jurisprudence covered by this article reflects the most important principles that the Court has applied in environmental case law. The article sets out the three most important principles regarding the individual rights that could be affected by environmental damage. On the one hand, the human rights that are protected by the Convention may be directly affected by harmful environmental factors, which may lead to a substantial violation of those rights. On the other hand, harmful environmental factors can lead to procedural violations of these rights. It is important to note here that the procedural aspects of these rights relate to the information and communication duties that national authorities have in the event of any damage brought to the environment. Finally, national authorities may also use environmental protection as a legitimate aim to justify possible interference with certain individual human rights.

The Obligation to Afford Reparation to Injured Individuals

2017 ◽  
Author(s):  
Carla Ferstman
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Organizations ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Human Rights Treaties ◽  
The Law ◽  
The Right ◽  
Right Of Access ◽  
The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Advisory Opinion on the Environment and Human Rights

2018 ◽  
Vol 112 (3) ◽  
pp. 460-466
Author(s):  
Angeliki Papantoniou
Keyword(s):  
Human Rights ◽  
Large Scale ◽  
Environmental Law ◽  
Caribbean Region ◽  
Environmental Harm ◽  
Significant Finding ◽  
Advisory Opinion ◽  
Personal Integrity ◽  
Infrastructure Projects ◽  
Extraterritorial Jurisdiction

On November 15, 2017, the Inter-American Court of Human Rights (Court) rendered a historic advisory opinion (Advisory Opinion) on the relationship between human rights and the environment. The opinion was a response to a request from Colombia regarding extraterritorial jurisdiction of state parties to the American Convention, in particular their obligations under the rights to life and personal integrity, arising from the construction and operation of large-scale infrastructure projects in the Greater Caribbean region. Colombia's concern was that, due to their dimensions and permanence, such projects could cause significant environmental harm, that goes beyond national borders, and, as a consequence, adversely affect the inhabitants of the whole region and the enjoyment of their rights under the Convention (para. 2). One of the most important aspects of the Advisory Opinion is the Court's finding that in relation to large-scale transboundary infrastructure projects, state parties to the Convention can exercise extraterritorial jurisdiction under certain circumstances and thus be responsible for the human rights of the people in the affected area. Another significant finding of the Court is that Article 26 of the American Convention, which provides for the progressive realization of economic, social, and cultural rights, includes an autonomous right to a healthy environment—a right fundamental for the existence of humankind. Finally, the Court directly linked the rights to life and personal integrity with general principles of international environmental under a due diligence obligation. The Court's extensive use of international environmental law instruments, case law, and reasoning could pave the way for greater interconnection and integration between human rights and international environment law obligations.

scholarly journals Međunarodna solidarnost i pravo na zdravlje

JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Shared Responsibility ◽  
Vulnerable Groups ◽  
Human Right ◽  
International Solidarity ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Right

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.

scholarly journals Protection of Vulnerable Communities: A Case of Coal-Ash Disaster in Puerto Rico

2020 ◽  
pp. 379
Author(s):  
Sarah Dávila-Ruhaak
Keyword(s):  
Human Rights ◽  
Puerto Rico ◽  
Environmental Justice ◽  
Coal Ash ◽  
Environmental Harm ◽  
Human Right ◽  
Healthy Environment ◽  
Vulnerable Communities ◽  
Access To Health ◽  
The Right

The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work, recognizing that individuals and communities affected by environmental harm are rights-holders entitled to protection. Such communities are left out of important decisions about their environment and the effect of environmental harm in their lives. Individuals most vulnerable to environmental harm are often members of poor, rural, and disenfranchised communities. The destruction of the environment disproportionately affects these communities, preventing them from accessing basic natural resources, clean water and sanitation, adequate housing, food security, and access to health and medical assistance. Additionally, intersecting forms of discrimination exacerbate exclusion and marginalization. A human rights approach to environmental justice emphasizes the need to protect affected communities and holds the State responsible for recognizing their vulnerability and providing heightened protection. This article seeks to show that while the human right to a healthy environment has not been widely recognized, a robust juridical framework enables environmental justice advocates and affected communities to vindicate the rights of vulnerable communities. The case study of coal-ash contamination in Puerto Rico and the harms suffered by affected communities there anchors the argument for why advocates should use a human rights framework to protect the rights of the most vulnerable. The case of Puerto Rico is illustrative of so many poor, disenfranchised, and vulnerable communities around the world, affected by environmental harm and in need of a human rights-based framework.

scholarly journals The Right of Self-Determination: Its Emergence, Development, and Controversy

2016 ◽  
Vol 12 (1) ◽  
pp. 1
Author(s):  
Munafrizal Manan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Self Determination ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Human Right ◽  
International Human Rights ◽  
International Human ◽  
The Right ◽  
Right Of Self Determination

This paper discusses the right of self-determinationfrom  international  law  and international human rights law perspective. It traces the emergence and development of self-determination from political principle to human right. It also explores the controversy of the right of self-determination. There have been different and even contradictory interpretations of the right of self-determination. Besides, there is no consensus on the mechanism to apply the right of self-determination. Both international law and international human rights law are vague about this.

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