A Human Right to a Clean and Healthy Environment: Dream or Reality in Europe?

elni Review ◽  
2011 ◽  
pp. 27-35
Author(s):  
Jan van de Venis
Keyword(s):  
Human Rights ◽  
Environmental Issues ◽  
Global Scale ◽  
European Convention ◽  
Human Right ◽  
Short Article ◽  
Healthy Environment ◽  
Human Rights Based Approach

Do we have a ‘human right to environment’ in Europe? In this short article, the author gives an introduction to (the development of) the human right to (a healthy) environment and briefly answers the question set out above. This article introduces the topic of human rights and the environment on a global scale. It sets out to inform the reader where this human rights-based approach to environmental issues came from, what tangible benefits such a right could bring and where it currently stands globally and, more specifically, in Europe under the European Convention on Human Rights. It therefore also analyses the recent Council of Europe’s Committee of Ministers refusal of a Parliamentary Assembly recommendation on acknowledging a right to environment under the European Convention.

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.

Constructing the Human Right to a Healthy Environment

2020 ◽  
Vol 16 (1) ◽  
pp. 79-95
Author(s):  
John H. Knox
Keyword(s):  
Human Rights ◽  
Environmental Issues ◽  
Access To Justice ◽  
Access To Information ◽  
Human Rights Law ◽  
Human Right ◽  
Environmental Rights ◽  
Healthy Environment ◽  
The Past ◽  
Environmental Human Rights

Despite the absence of a right to a healthy environment in the Universal Declaration of Human Rights or any global human rights treaty, environmental human rights law has rapidly developed over the past 25 years along three paths: ( a) the widespread adoption of environmental rights in regional treaties and national constitutions; ( b) the greening of other human rights, such as the rights to life and health, through their application to environmental issues; and ( c) the inclusion in multilateral environmental instruments of rights of access to information, public participation, and access to justice. After describing these developments, this review assesses the possible effects of UN recognition of the human right to a healthy environment, both on the environment and on human rights law itself.

scholarly journals medioambiente en la jurisprudencia del TEDH: la imparcialidad generacional en la perspectiva del constitucionalismo multinivel

2020 ◽  
Author(s):  
Giacomo Palombino
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Research Field ◽  
Private Life ◽  
European Convention ◽  
International Treaties ◽  
Human Right ◽  
Healthy Environment ◽  
Derechos Humanos ◽  
The Right

Aunque el concepto de “responsabilidad de las generaciones presentes frente a las futuras” tenga su origen en el pensamiento filosófico, su dimensión jurídica es igualmente relevante, concretamente con referencia a la potencial existencia de los “derechos de mañana”. El principio de imparcialidad generacional es afirmado en varias Constituciones y Tratados internacionales, y muchos Tribunales nacionales e internacionales se refieren al mismo en su jurisprudencia. Sin embargo, no hay ninguna mención explícita al concepto de “futuro” en el Convenio Europeo de Derechos Humanos. A partir de esta base, el artículo quiere mostrar cómo el Tribunal Europeo de Derechos Humanos, tras su actividad interpretativa, ha construido – y está construyendo – una serie de mecanismos para proteger a las generaciones futuras. Y esto se apreciará, en particular, en relación con el derecho humano a un medioambiente sano, otro derecho no afirmado por el Convenio, que ha ido configurándose en base al derecho al respeto de la vida privada previsto por el artículo 8. En conclusión, una vez recorrido el proceso de formación de esta jurisprudencia, se intentará demostrar la relevancia del Ordenamiento constitucional multinivel en este ámbito de investigación. Even though the concept of ‘responsibility of present generations towards future ones’ has its roots in philosophical thinking, its legal dimension is equally relevant and especially refers to the potential existence of ‘tomorrow’s rights’. More in detail, the principle of intergenerational equity is provided for in several constitutions and international treaties, and many national and international courts all over the world make reference to it in their case law. Quite the opposite, there is no explicit mention to the concept of “future” in the European Convention on Human Rights. Moving from these assumptions, this paper’s aim is to show how the European Court of Human Rights, by means of interpretation, has built – and is building – a series of “shields” in order to protect future generations. This is particularly true as far as the human right to a healthy environment is concerned, i.e. another right which is not mentioned in the Convention, but may inferred by the right to private life under its Art. 8 of the same Convention. In conclusion, after having inquired into that case law, an attempt will be made to prove how relevant the multilevel constitutional system is to this research field.

scholarly journals Speed Traps and the Right of Silence

2011 ◽  
Vol 9 (1) ◽  
pp. 165-176 ◽  
Author(s):  
Dennis Kurzon
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Regulatory Regime ◽  
Human Right ◽  
Written Texts ◽  
European Court ◽  
Statutory Requirement ◽  
The Right ◽  
Right Of Silence

In two English cases which reached the European Court of Human Rights in the mid-2000s, it was argued that the statutory requirement on the part of a motorist who has been caught speeding to give the police information concerning the identity of the driver of the car at the time of the offence is a violation of the right of silence by which a person should not be put into a position that s/he incriminates him/herself. The right of silence is one of the conventional interpretations of Article 6 of the European Convention on Human Rights. As well as a study on the right of silence with regard to written texts, this paper also investigates the two cases in terms of icons and indices: a text may be indexical of a basic human right, and then may become an icon of that right. The European Court of Human Rights considers the particular section of the relevant statute as an icon of the "regulatory regime".

scholarly journals Collective Action Right as a Basic Human Right

2017 ◽  
Vol 6 (s2) ◽  
pp. 9-17
Author(s):  
Pir Ali Kaya ◽  
Ceyhun Güler
Keyword(s):  
Human Rights ◽  
Collective Action ◽  
Resistance Mechanism ◽  
European Convention ◽  
Social Rights ◽  
Human Right ◽  
Political Field ◽  
European Court ◽  
Social Interests ◽  
The Right

Abstract According to The European Social Charter, the European Convention on Human Rights, the ILO Conventions, the decisions of the European Court of Human Rights, the decisions of the European Social Rights Committee and the ILO supervisory bodies, the right to collective action is a democratic right that aims to protect and correct the economic and social interests of workers in the workplace or in another place appropriate for the purpose of action. The above-mentioned institutions accept the right to collective action as a fundamental human right. According to the decisions of the European Court of Human Rights, the right to collective action is regarded as a democratic right, including strike. In particular, the right to collective action is being used as a resistance mechanism against new working relations, which are imposed on working conditions, right to work and the right to organize. However, the tendency of this right to political field, leads to some debate about the legality of the right to collective action. In this context, In the decision of the European Court of Human Rights, the ILO's supervisory bodies and the European Committee on Social Rights, it is emphasized that collective action rights should be a basic human right. In this study, the legal basis of the right to collective action will be discussed in accordance with the decisions and requirements of the European Court of Human Rights and the decisions of the ILO supervisory bodies.

European Court of Human Rights and the Bulgarian Judicial System

2021 ◽  
Vol 23 (6) ◽  
pp. 535-544
Author(s):  
Aleksandur Kirkov ◽  
◽  
Ana Andonova ◽  
Keyword(s):  
Human Rights ◽  
Comparative Analysis ◽  
Essential Feature ◽  
Methodological Approach ◽  
Scientific Work ◽  
Global Scale ◽  
Judicial System ◽  
European Convention ◽  
National Courts ◽  
European Court

Bulgaria ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms in 1992, as such this European act has become part of our domestic legislation. Explaining in detail the differences and similarities between the European Court of Human Rights in Strasbourg and the Bulgarian judicial system, we will actually see how much they are similar. This is the purpose of the present study - comparative analysis in all aspects: territorial jurisdiction, legal jurisdiction, including procedurally legitimate persons to file complaints, procedural issues, stages of the process, court decisions and appeals. The first and most important task of the study is to get acquainted in detail with our European rights, as well as their judicial protection. On the other hand, the knowledge of the European judicial mechanisms leads to the expansion of our national horizons in a supranational perspective, to opportunities for professional realization outside the borders of the country, on a European and global scale. The research method used in the present scientific work is the comparative analysis. The methodology we refer to in preparing the analysis is based on a predetermined methodological approach and structure in conducting the analysis. The methodological approach itself includes a general overview of the legal framework, regulating the administration of justice in national courts and at European level. An essential feature of the approach used is to compare the two established legal systems, at home and in Strasbourg, at all levels, to explore links and interdependencies possible differences. Expected results: acquainting the Bulgarians with their European rights, as in case of violation of these rights, learning about the mechanisms for their protection in court. Conclusions and summaries: Bulgaria is part of the common European framework. As such, its citizens are Bulgarians, but also Europeans. Namely, as Europeans, they have rights that are guaranteed to them by Europe and that should be respected in Bulgaria. Failure to respect these European rights creates conflicts that should be resolved by both national courts and the European Court of Human Rights.

Health Disparities and New Health Technologies – A Patients’ and Human Rights Perspective

2021 ◽  
pp. 1-23
Author(s):  
Mette Hartlev
Keyword(s):  
Human Rights ◽  
Health Disparities ◽  
Digital Health ◽  
Population Based ◽  
Human Right ◽  
Health Technologies ◽  
Left Behind ◽  
Human Rights Based Approach ◽  
Based Medicine ◽  
The Impact

Abstract The human right to health requires that everyone should have equal opportunities to enjoy the highest attainable standard of health. In practice, this is hard to achieve, as health is shaped by social determinants. This article explores the impact personalized medicine and use of big data may have on health disparities. New health technologies offer a lot of hope for more individual and better health promotion and care, which potentially could be beneficial for the most deprived. However, there are also concerns that not all population groups will profit equally from this new population-based medicine, and that new digital health technologies will maintain – or even reinforce – existing health disparities. This article suggests using insights from poverty studies combined with a patients’ and human rights-based approach to ensure that the most deprived are not left behind in the application of new health technologies.

O’Keeffe v. Ireland: overview and analysis

2017 ◽  
Author(s):  
James Gallen
Keyword(s):  
Human Rights ◽  
Sexual Abuse ◽  
Tort Law ◽  
European Convention ◽  
Human Right ◽  
Vicarious Liability ◽  
European Court ◽  
Effective Remedy ◽  
The Right ◽  
The Impact

James Gallen’s chapter reviews the case and the contributions of Adrian Hardiman and Conor O’Mahony to this book. Gallen argues that their discussion reveals the tension between the principle of subsidiarity and the right to effective protection and an effective remedy in the European Convention on Human Rights. The chapter argues that the case of O’Keeffe v Ireland also raises concerns about the European Court of Human Right methodology for the historical application of the Convention and about the interaction of Article 3 positive obligations with vicarious liability in tort. A further section examines the impact of the decision for victims of child sexual abuse and identifies that the decision provides the potential for an alternative remedy to the challenging use of vicarious liability in Irish tort law.

Part VII Inter-linkages with Other Regimes, Ch.45 Human Rights

2021 ◽  
Author(s):  
Knox John H
Keyword(s):  
Human Rights ◽  
Environmental Harm ◽  
Human Rights Law ◽  
Human Right ◽  
Multilateral Environmental Agreements ◽  
Healthy Environment ◽  
Wide Range ◽  
Human Rights Treaties ◽  
Environmental Human Rights ◽  
Human Rights Norms

This chapter examines the relationship between human rights and the environment, which has developed through the adoption and interpretation of many different national constitutions and laws, human rights treaties, and multilateral environmental agreements (MEAs). The development of what might be called ‘environmental human rights law’ has occurred in three main channels. First, efforts to achieve recognition of a human right to a healthy environment, while ineffective at the UN, have achieved widespread success at the national and regional levels. Second, some multilateral environmental instruments have incorporated human rights norms, especially rights of access to information, public participation, and remedy. Third, human rights tribunals and other monitoring bodies have ‘greened’ human rights law by applying a wide range of human rights to environmental harm. The chapter explains each of these paths of development before sketching potential lines of further development through recognition of the rights of nature and of future generations.

The European Court of Human Rights has the Turkish Security Forces Held Responsible for Violations of Human Rights: The Case of Akdivar and Others

1997 ◽  
Vol 10 (1) ◽  
pp. 99-110 ◽  
Author(s):  
Leo Zwaak
Keyword(s):  
Human Rights ◽  
Private Life ◽  
Violent Conflict ◽  
European Convention ◽  
Eastern Region ◽  
Human Right ◽  
Security Forces ◽  
South Eastern ◽  
European Court ◽  
The Right

In this article, special attention will be given to the recent judgment of the European Court of Human Right in the case of Akdivar and Others v. Turkey. Since 1985, a violent conflict has raged in the South-Eastern region of Turkey, between the Turkish security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers' Party of Kurdistan). Since 1987, 10 of the 11 provinces of South-Eastern Turkey have been subjected to emergency rule, which was in force at the time of the facts complained of. The main issue in this case concerned the fact that during this conflict, a large number of villages have been destroyed and evacuated by the security forces. According to the applicants, the alleged burning of their houses by the security forces constituted, inter alia, a violation of Article 3 (the prohibition of torture and inhuman treatment or punishment) and Article 8 (the right of respect for private life, family life, and home) of the European Convention on Human Rights (ECHR), and Article 1 of Protocol No. 1 (property rights).

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