environmental human rights
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2021 ◽  
Vol 12 (1) ◽  
pp. 124-139
Author(s):  
Liudmyla Deineko ◽  
Mykola Sychevskiy ◽  
Olena Tsyplitska ◽  
Nadiia Grebeniuk ◽  
Oleksandr Deineko

The close relationship between industrial development and environmental pollution is considered the main problem of negative climate changes and the deterioration of life quality leading to an increase in mortality. In this regard, the protection of environmental human rights is of great importance. The paper aims to assess the trends of industrial influence on the human environment and the level of protection of environmental human rights in different countries through reviewing and analysis of the set of relevant studies. The paper brings novelty exploring an array of objectives for protecting human environmental rights in the framework of the Sustainable Development Goals, implementation of a circular and resource-efficient economy, together with the Industry 4.0 technologies for industrialized countries, including Ukraine. Most studies consider contradictions between the economic and environmental goals of both businesses and the state the main obstacle for the ecologization of industrial production. The economic feasibility of introducing more resource-efficient business models has been proved. The impact of Ukrainian industrial companies on the environment and the state of human environmental rights protection is studied. The results of the study allow stating that the resource and energy inefficiency of industrial technology in the country, as well as the weakness of state institutions in the implementation of reforms for sustainable development, is a fundamental threat to human rights and a healthy life.


2021 ◽  
Author(s):  
Natal'ya Barbashova

The textbook outlines the course "Environmental Law". Special attention is paid to modern problems of environmental law and innovations in the environmental legislation of Russia. Using scientific literature, the issues of environmental safety, the role of innovations and regional factors in the implementation of environmental protection are highlighted. Such issues as environmental human rights, civil liability for environmental offenses and problems of ensuring nuclear and radiation safety are considered. The normative material is given as of June 1, 2021. Meets the requirements of the federal state educational standards of higher education of the latest generation. For specialty students, postgraduates, law school teachers, as well as specialists working in the environmental field.


2021 ◽  
Vol 29 ((S2)) ◽  
pp. 249-274
Author(s):  
Abdulkadir Bolaji

Just as the Universal Declaration of Human Rights of 1948 marked the beginning of contemporary international human rights law and the subsequent adoption of regional human rights instruments, so the Stockholm Declaration of 1972 marked the genesis of a rights-based approach to the protection of environment. Since then, human rights have become a legal weapon exerted in the strive to protect the environment and enhance access to environmental justice. Hence, it is not a mere theoretical discourse that environmental degradation affects the enjoyment of basic human rights. It has now become recognized that human rights such as the right to life and many others can only be enjoyed in a polluted free environment. It is against this background that this paper examines how the right to peaceful enjoyment of property as guaranteed in international and regional instruments on human rights has been construed to foster environmental protection. To achieve this, interpretations through decided cases are examined for a proper evaluation of judicial attitude and willingness in this respect.


2021 ◽  
pp. 1-28
Author(s):  
Farid Ahmed

The protection of environmental human rights demands an ethical governance frame work. This paper examines the characteristics of three governance models and argues that development planners and policymakers can employ deliberative governance that is nourished by public participation to protect environmental human rights in Bangladesh. The deliberative governance will pave the way to ecological modernization, implement ecologically sustainable development goals, and, in turn, ensure freedom, fairness and good governance since human societies desire to flourish human life. Philosophy and Progress, Vol#63-64-; No#1-2; Jan-Dec 2018 P 1-28


2021 ◽  
pp. 29-52
Author(s):  
Richard P. Hiskes

This chapter conceptually links children’s human rights with environmental human rights. Environmental rights initially belong to future generations because they are uniquely vulnerable to environmental harms perpetuated by those living today, and consequently belong to living generations through “reflexive reciprocity.” Children in fact represent the first, “living” future generation. Therefore they share environmental rights with future generations. Those rights are uniquely “emergent” in nature for both children and future persons; they emerge at the group level. They are also rights that take special priority over adult human rights, based on the vulnerability of both children and future groups.


2021 ◽  
pp. 119-140
Author(s):  
Richard P. Hiskes

This chapter examines a number of child human rights leaders around the world and how they are utilizing existing activist networks and the courts to effect social change. In doing so, these “global kids” are also changing the nature of human rights activism by employing evolving social technologies and networking strategies for social movements. The chapter begins with a discussion of the Juliana v. US federal court case, in which the plaintiffs were twenty-one children suing for protection of their environmental human rights. The dissent by Judge Staton effectively establishes the legal standing of children in courts in the United States and, as a precedent, for similar cases abroad. The child activists’ reliance on and expansion of transnational advocacy networks expands the definition of “global civil society.” Both in their courtroom participation and in other forms of activism, children are proving effective as advocates for their own public agency.


Author(s):  
Knox John H

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.


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