“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 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 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.

scholarly journals Aproximación a la regulación y contenido del derecho a una alimentación adecuada

2018 ◽  
pp. 183 ◽  
Author(s):  
Juan Manuel Goig Martínez
Keyword(s):  
Human Rights ◽  
National Level ◽  
Human Right ◽  
Public Authorities ◽  
Right To Food ◽  
The Public ◽  
Guiding Principle ◽  
Derechos Humanos ◽  
Adequate Food ◽  
The Right

La alimentación adecuada constituye un derecho humano. Así lo han reconocido oficialmente la gran mayoría de los Tratados Internacionales sobre derechos humanos. Pero existe una gran diferencia entre que un Estado reconozca oficialmente la alimentación como un derecho fundamental en su constitución, o lo haga como un principio rector, puesto que ello dotará al derecho a la alimentación adecuada de una mayor protección, o lo convertirá en un principio de actuación de los poderes públicos. Se puede exigir a los gobiernos garantizar el ejercicio efectivo del derecho a la alimentación de conformidad con las disposiciones constitucionales para otros derechos humanos. Pero, la capacidad de la invocación indirecta de otros derechos humanos para lograr la protección efectiva del derecho a la alimentación en el plano nacional dependerá, en definitiva, de la interpretación jurídica que se haga de la Constitución.Adequate food is a human right. Thus the vast majority of treaties have officially recognized it human rights. But there is a big difference between that a State officially recognizes food as a fundamental right in the Constitution, or do it as a guiding principle, since this will provide the right to adequate food of greater protection, or the It will become a principle of action of the public authorities. You may require Governments to ensuring the effective exercise of the right to food in accordance with the constitutional provisions for other human rights. But the indirect invocation of other human rights capacity to achieve effective protection of the right to food at the national level will depend, ultimately, of the legal interpretation that is made of the Constitution.

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 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.

scholarly journals Roles and capacity of duty bearers in the realization of the human right to adequate food in Uganda

2011 ◽  
Vol 11 (48) ◽  
pp. 5493-5509
Author(s):  
PM Rukundo ◽  
◽  
JK Kikafunda ◽  
A Oshaug ◽  
◽  
...  
Keyword(s):  
Human Rights ◽  
Nutrition Policy ◽  
Theoretical Development ◽  
Policy Framework ◽  
Practical Implementation ◽  
Human Right ◽  
Right To Food ◽  
Adequate Food ◽  
Food And Nutrition ◽  
The Right

The right to adequate food recognised under international law provides a strong foundation for eradicating hunger and malnutrition in all nations. Uganda ratified the International Covenant on Economic, Social, and Cultural Rights (ICESCR) in 1987 and thereby committed itself to ensure the realization of the right to adequate food recognised under Article 11 of the Covenant. This study analysed the roles and capacity of duty bearers in the realization of the right to adequate food in Uganda. Structured interviews were held with purposefully selected duty bearers from 11 districts in the country between February and July 2007. Districts were selected by criterion based sampling. Relevant policies, budgets, and legislation were also reviewed, particularly with state obligations on human rights, and capacity of duty bearers in mind. Although this right is expressly recognised in the Food and Nutrition Policy of 2003 in which a multi-sectoral approach is proposed, sector-specific roles are not explicitly defined in Uganda’s institutional and policy framework. Most duty bearer (63%) considered the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) as being responsible for the delays in implementing the relevant actions for the right to food. The Uganda Human Rights Commission (UHRC) reported receiving inadequate budget resources to support the right to food. Only 20% of duty bearers had knowledge of the General Comment 12, which is an important United Nations instrument that defines and elaborates on the human right to adequate food. Duty bearer’s knowledge of the right to food in the national Constitution had a significant (X2 = 0.003; P<0.05) positive correlation (R=0.283) with membership status to an ad hoc Uganda Food and Nutrition Council (UFNC). A proposed Food and Nutrition Bill had taken over 10 years without being presented to the National Parliament for the process of enactment into law. As such, most of the support for this right came from development partners. Whereas the ministry of health and MAAIF are line ministries in the implementation of food and nutrition policy, the right to food roles of the various duty bearers in Uganda need to be well defined. Capacity development is also needed, particularly related to integrating right to food sector-specific roles into the theoretical development and practical implementation of food and nutrition security programmes at all levels in the country.

scholarly journals Freedom of Expression and Hate Speech in Ethiopia: Observations (Amharic)

2021 ◽  
Vol 15 (1) ◽  
pp. 195-226
Author(s):  
Aron Degol ◽  
Bebizuh Mulugeta
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Adverse Impact ◽  
Court Cases ◽  
Human Right ◽  
International Human Rights ◽  
Peace And Security ◽  
International Human ◽  
The Right

Freedom of expression is one of the human rights enshrined under International human right instruments. However, hate speech in the course of exercising this right has the potential to pose threats on the peace and security of nations and wellbeing of individuals. This has brought about arguments in favor of limitations to expression and against the limitations owing to unintended adverse impact of such limitations in the exercise of freedom of expression. In the Ethiopian case, ‘Hate Speech and Disinformation Prevention and Suppression Proclamation No. 1185/ 2020’ has been enacted.  The Proclamation indicates prohibited acts of hate speech and its exceptions. In particular, the generic terms contained in the definition given to ‘hate speech’ need to be carefully examined. However, the implications of provisions that set exceptions to ‘hate speech’ in the new law have not yet been subject to adequate academic discourse. This article examines these issues. By consulting different international human rights instruments, experience of other countries and scholarly literature, the article examines the appropriateness, constitutionality and implications of the Proclamation on the right to freedom of expression. Moreover, it indicates potential challenges that the exceptions will pose on the process of implementing the Proclamation in real court cases.

scholarly journals LOS DERECHOS A UN AMBIENTE SANO, A LA ALIMENTACIÓN ADECUADA, AL AGUA Y A LA IDENTIDAD CULTURAL. CASO COMUNIDADES INDÍGENAS MIEMBROS DE LA ASOCIACIÓN LHAKA HONHAT (NUESTRA TIERRA) VS. ARGENTINA ANTE LA CIDH.

2020 ◽  
Vol 5 (2) ◽  
pp. 330-355
Author(s):  
Fanny Verónica Mora Navarro
Keyword(s):  
Cultural Identity ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
Final Decision ◽  
Political Rights ◽  
Cultural Rights ◽  
Healthy Environment ◽  
Adequate Food ◽  
Identidad Cultural ◽  
The Right

The case Lhaka Honhat (Our Land) is the first in the IACHR related with the claim of the indigenous communities in Argentina. The final decision of the case was stated the 6th of February 2020. The IACHR considered that the State is responsible for the violation of the right of participate in a cultural life, contained in the cultural identity, to a healthy environment, appropriate nutrition and water, stated in the article 26 of the American Convention on Human Rights. This is the first precedent regarding social rights and indigenous peoples. The investigation will address: the importance and progress of the resolutions of the IACHR, related with indigenous peoples; the main judgments that support the differentiated analysis of civil and political rights regarding economic, social and cultural rights; and the rights to a healthy environment, to adequate food, to water and to cultural identity and peculiarities in relation to indigenous peoples

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