The document discusses the idea of recognizing a human right to a healthy environment. It provides background on international agreements and jurisprudence that have linked human rights and environmental protection. It outlines three approaches to understanding this relationship and argues that a rights-based approach focusing on individual rights and state obligations is most effective. The document also references a recent UN report that opened debate on recognizing an independent right to a healthy environment.
Canadian environmental lawyer and author of Unnatural Law: Rethinking Canadian Environmental Law and Policy gave the keynote address at the Commission for Environmental Cooperation/Mexico's National Human Rights Commission seminar on Human Rights and Access to Environmental Justice seminar in Mexico City on September 26.
Presented by Shashya Mishra (Assistant Professor) Amity University Lucknow Campus, Amity Law School at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
Academic institutions now offer courses, such as environmental
studies , environmental management and environmental engineering ,
that teach the history and methods of environment protection.
Protection of the environment is needed due to various human
activities.
•Environmental protection is influenced by three interwoven factors:
environmental legislation, ethics and education.
•Each of these factors plays its part in influencing national-level
environmental decisions and personal-level environmental values and
behaviors.
•For environmental protection to become a reality, it is important for
societies to develop each of these areas that, together, will inform and
drive environmental decision
Canadian environmental lawyer and author of Unnatural Law: Rethinking Canadian Environmental Law and Policy gave the keynote address at the Commission for Environmental Cooperation/Mexico's National Human Rights Commission seminar on Human Rights and Access to Environmental Justice seminar in Mexico City on September 26.
Presented by Shashya Mishra (Assistant Professor) Amity University Lucknow Campus, Amity Law School at IJSARD (International Journal of Socio-legal Analysis and Rural Development) International Virtual Conference 2017 On Law and Social Sciences.
Academic institutions now offer courses, such as environmental
studies , environmental management and environmental engineering ,
that teach the history and methods of environment protection.
Protection of the environment is needed due to various human
activities.
•Environmental protection is influenced by three interwoven factors:
environmental legislation, ethics and education.
•Each of these factors plays its part in influencing national-level
environmental decisions and personal-level environmental values and
behaviors.
•For environmental protection to become a reality, it is important for
societies to develop each of these areas that, together, will inform and
drive environmental decision
Learning Outcome: After completion of this lesson, students will be -
a) informed about the historical emergence of environmental justice as a social movement;
b) able to generate a definition of environmental justice from Bangladeshi context;
c) propose development to the Environment Court Act, 2010
d) learn about a leading case ensuring Environmental Justice in Bangladesh
Environmental laws and management 3rd sem (1)-convertedSamanth kumar
M.ARCH (ENVIRONMENTAL ARCHITECTURE) ENVIRONMENTAL LAWS AND MANAGEMENT
ENVIRONMENTAL LAW AND POLICY
- INDUSTRIAL ECOLOGY
ENVIRONMENTAL PLANNING AND DECISION MAKING
- INTRODUCTION TO ENVIRONMENTAL ACCOUNTING
ENVIRONMENTAL MANAGEMENT
• Environmental Protection Act 1986
• Coastal Zone Regulations,
• Hill Area Conservation,
• Forest Conservation Act
• Components of Environment
• Classification of Environmental Resources
• Purpose and Objectives in Environmental Protection, and Management
• Institutional and Legal Support in management of the Environment
• Environmental Policies, and Protocols
• Global Environmental Initiatives
• Environmental Indicators
• Concepts and Measures in Environmental Standards
• Environmental Management Options
It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment (air, water, land) and seriously damaging its natural resources by various modern practices.
Background of Environmental Laws: International ContextPreeti Sikder
Learning Objectives: After completing this lesson, students will be able to:
a) trace the development of laws in the environmental arena
b) identify the needs and goals which led to today's environmental legal regime
c) critically assess the current requirements the latest legal documents must bear in order to meet the generational needs
Introduction to Sustainable DevelopmentPreeti Sikder
Learning Outcome:
Students will be able to :
a) discuss about the characteristics of sustainable development
b) grasp the scope of discussion under sustainable development as a branch of law
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
Environmental Rule of Law: Industrial Pollution in BangladeshPreeti Sikder
After completion of this lesson students will be able to:
- comprehend the role of the judiciary in advancing environmental rule of law
- describe the development of environmental jurisprudence in the Indian Subcontinent
Implementation of Sustainable DevelopmentPreeti Sikder
Learning Outcome: Students will be able to -
a) comprehend the suggestions for implementing Sustainable Development based on the Brundtland Commission's findings
b) Learn about the nature of SDGs
c) be informed about the current progress in achieving the SDGs
Physical Environment of the Philippines by Jannah S. SalazarJannah Salazar
The physical environment of the Philippines discusses about the Philippines' exact location in the map by grid, by bisinal and by insular, its size and shape, its national territory, the land forms and water forms that can be found in the Philippines , climate as well as its natural resources.
Learning Outcome: After completion of this lesson, students will be -
a) informed about the historical emergence of environmental justice as a social movement;
b) able to generate a definition of environmental justice from Bangladeshi context;
c) propose development to the Environment Court Act, 2010
d) learn about a leading case ensuring Environmental Justice in Bangladesh
Environmental laws and management 3rd sem (1)-convertedSamanth kumar
M.ARCH (ENVIRONMENTAL ARCHITECTURE) ENVIRONMENTAL LAWS AND MANAGEMENT
ENVIRONMENTAL LAW AND POLICY
- INDUSTRIAL ECOLOGY
ENVIRONMENTAL PLANNING AND DECISION MAKING
- INTRODUCTION TO ENVIRONMENTAL ACCOUNTING
ENVIRONMENTAL MANAGEMENT
• Environmental Protection Act 1986
• Coastal Zone Regulations,
• Hill Area Conservation,
• Forest Conservation Act
• Components of Environment
• Classification of Environmental Resources
• Purpose and Objectives in Environmental Protection, and Management
• Institutional and Legal Support in management of the Environment
• Environmental Policies, and Protocols
• Global Environmental Initiatives
• Environmental Indicators
• Concepts and Measures in Environmental Standards
• Environmental Management Options
It is interesting to note that natural resources had been stored virtually untouched in the Earth for millions of years. But since the start of the industrial revolution vast amounts of these resources had been exploited within a period of just a couple of hundreds of years at unimaginable rates, with all the waste from this exploitation going straight in the environment (air, water, land) and seriously damaging its natural resources by various modern practices.
Background of Environmental Laws: International ContextPreeti Sikder
Learning Objectives: After completing this lesson, students will be able to:
a) trace the development of laws in the environmental arena
b) identify the needs and goals which led to today's environmental legal regime
c) critically assess the current requirements the latest legal documents must bear in order to meet the generational needs
Introduction to Sustainable DevelopmentPreeti Sikder
Learning Outcome:
Students will be able to :
a) discuss about the characteristics of sustainable development
b) grasp the scope of discussion under sustainable development as a branch of law
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
Environmental Rule of Law: Industrial Pollution in BangladeshPreeti Sikder
After completion of this lesson students will be able to:
- comprehend the role of the judiciary in advancing environmental rule of law
- describe the development of environmental jurisprudence in the Indian Subcontinent
Implementation of Sustainable DevelopmentPreeti Sikder
Learning Outcome: Students will be able to -
a) comprehend the suggestions for implementing Sustainable Development based on the Brundtland Commission's findings
b) Learn about the nature of SDGs
c) be informed about the current progress in achieving the SDGs
Physical Environment of the Philippines by Jannah S. SalazarJannah Salazar
The physical environment of the Philippines discusses about the Philippines' exact location in the map by grid, by bisinal and by insular, its size and shape, its national territory, the land forms and water forms that can be found in the Philippines , climate as well as its natural resources.
Human rights are a philosophical and political concept which, taken as a juridical basis by modern constitutions, describes the inalienable rights that every person possesses.
CRO Cyber Rights Organization’s mission to create a world where digital rights are respected and protected according to the principles of the European Declaration on Digital Rights.
International Journal of Humanities and Social Science Invention (IJHSSI)inventionjournals
International Journal of Humanities and Social Science Invention (IJHSSI) is an international journal intended for professionals and researchers in all fields of Humanities and Social Science. IJHSSI publishes research articles and reviews within the whole field Humanities and Social Science, new teaching methods, assessment, validation and the impact of new technologies and it will continue to provide information on the latest trends and developments in this ever-expanding subject. The publications of papers are selected through double peer reviewed to ensure originality, relevance, and readability. The articles published in our journal can be accessed online
An RRU Teamwork contribution (of which was created by me, only) that was submitted to our RRU Moodle site's Team Assignment Representation Forum as well as for grading followed by my biggest passion in life; the Humankind.
Sustainable development brundtland report, ppp, equityMegha Majoe
A Brief idea on "Our Common Future" - Brundtland report - Sustainable development and different Principles adopted in the conference. i.e Precautionary Principle, polluter pays principle, Inter and intragenerational equity, Public Trust Doctrine etc.
Les politiques environnementales dans l'ère post-pandémique : nouvelles perspectives dans le cadre réglementaire actuel, Mme Daniela Addis, Directrice de cabinet d'avocats, Italie
Expanding the "Right to Life" concept to cover life extension and cryonicsDanila Medvedev
Legalization of cryonics:
- creating an HRO to protect the rights of cryonicists
- clarifying the right to life as a positive right
- expanding the right to the extension of life
Fabra zamora - the human right to water and its relevanceJorge Fabra
•To provide some general elements to understand water nature as a human right and how it can be relevant to water in international law and its relevance for indigenous communities
•In the last part of the presentation, we will turn our attention to recent developments relating to the human right to water
DR. H. ABDUL AZEEZ ON BIODIVERSITY & HUMAN RIGHTS Abdul Azeez H
Man depends on the nature in many ways, but mainly for the subsistence of life, water, food and shelter. This relationship demonstrates the closeness of nexus between man, environment and the biodiversity. The basic needs of Man can be acquired from this very nature only. The basic human right of Man is the peaceful enjoyment of life without any threat or danger. However, due to the advancement of human society, man heavily indulged in the utilization of environment. The advancement of man in the recent past, more precisely, after the industrial revolution, has taken momentum which, in turn, has aggravated the destruction of nature in manifold globally. There are two prominent issues connected with the conservation of environment and biodiversity: preserving the life of living beings, on the one hand; and survival of human beings in a decent way, on the other hand. If used wisely, the environment can provide the living beings an opportunity to enhance the quality of life. However, there is unwise use causing dangerously increasing levels of pollution in air, water, and environment; and irreparable destruction of natural resources. Human Rights Commission’s Expert committee on biodiversity and human rights warns that the loss of biodiversity may interfere with the enjoyment of a wide range of human rights, including the rights to life, health, food, livelihood, water, housing, and culture
Similar to Human Right To Environment Mu 2012 (20)
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A Human Right to Environment
Maastricht University, 8 February 2012
Jan van de Venis
Chair, Stand Up For Your Rights (.org en info@)
Attorney-at-law, JustLaw - Corporate Law and Human Rights
Jan@JustLaw.nl
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Questions?
• Is it “Human Rights and the Environment”?
…or is “Environment” a Human Right?
• So, should we speak of a “Human Right to Environment”?
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International Binding and Non-Binding
• 1948 Universal Declaration on Human Rights
• 1966 ICCPR and ICESCR
• 1979 CEDAW
• 1989 CRC - Convention on the Rights of the Child
• 1992 Rio Declaration - referring to Stockholm Declaration
• 1998 Aarhus Convention
• 2005 UN SG Report on rel. Human Rights and the Environment
• 2007 UN GA Declaration on Rights of Indigenous Peoples
• 2008 UN OHCHR research Climate Change and Human Rights
• 2010 UN GA Resolution 4/157 Affirms...requires...realisation...right of
every person and all peoples to a healthy environment."
• 2011-12 UN OHCHR research Human Rights and the Environment
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Regional
• 1950 European Convention on Human Rights
• 1981 African Charter on Human and Peoples’ Rights
• 1988 American Convention on Human Rights in the
area of Economic Social and Cultural Rights add.
Protocol San Salvador
• Change in ECHR?
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Jurisprudence - International
• UN HR Council and predecessor Commission
• UN HR Committee
• UN ESCR Committee
• ICJ
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Jurisprudence - Regional
• African Commission
• Inter-American Commission and Court
• European Court on Human Rights art. 2 and 8 ECHR
Start with Lopez Ostra v. Spain and Guerra v. Italy
Recently Budayeva v. Russia and Bacila v Rumania
• European Committee on Social Rights "Marangopoulos"
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National Law and Jurisprudence
• More than 100 constitutions
Some proclaim a duty of care for the government, some create an
individual right
Like Brazil, article 225 FC:
“Everyone has the right to an ecologically balanced environment,
which is an asset of common use and essential to a healthy quality of
life, and both the Government and the community shall have the duty
to defend and preserve it for present and future generations.”
• Much local case law
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Three Approaches
1. Environmental protection is a pre-condition to the
enjoyment of internationally guaranteed human rights,
especially the rights to life and health
2. Certain human rights are essential elements to
achieving environmental protection, which has as a
principal aim the protection of human health
3. Links between human rights and the environment are
indivisible and inseparable. Thus posits the right to a
safe and healthy environment as an independent
substantive human right
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Why a Rights-Based Approach?
• Focus on individuals, not on States
• Rights are connected with obligations. Creation of both
rights and duties and more awareness for individuals,
business and States
• Linking of local, regional and global issues. A local threat
or disruption easily turns into an international issue
• (Inter)national access to Court
• Individuals have rights where individuals get hurt by
disruption of the environment
• Human rights claims are absolute (no lobby, negotiations
or successful pressure)
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Prof. Dinah Shelton:
“The primary argument in favour of a human right
to a healthy and clean environment is that it
elevates the entire spectrum of environmental
issues to fundamental values of society, on a
level equal to other rights and superior to
ordinary legislation.”
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Very recent: UNHCR Report to HRC
Openly asks "Should the international community recognize
a new human right to a healthy environment?" (points 6.
and 10.), and opens up the debate for this 'new' right (points
11., 12., 13. and 31.).
Conclusions (points 78., 79. and 80.) it says:
"...raise question on the need for and the potential content
of a right to a healthy environment...
…and how to implement a rights-based approach to the
negotiation and implementation of multilateral
environmental agreements...
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Very recent: UNHCR Report to HRC
...and how to monitor the implementation of human rights
treaties that recognize the right to a healthy environment or
interconnected rights."
And Recommendations…
"…This analysis and information generally is key to enable
the Human Rights Council to provide guidance to the
international community in regard to the pressing human
rights challenges facing humanity in the twenty-first century,
including the recognition of a general right to a healthy
environment."
Document A/HRC/19/34
http://www2.ohchr.org/english/bodies/hrcouncil/19session/reports
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Next Step?
To conceive and acknowledge a binding international
human right to a healthy and clean environment
Would you like to monitor developments and push change?
www.RightToEnvironment.org
and soon
www.RightToNature.org
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Budayeva v. Russia
Russia violated its positive obligation to protect the
right to life under art 2 of the European Convention on
Human Rights by failing to:
• establish legislative and administrative frameworks
to deter any threat to the right to life; and
• provide an adequate judicial response following
alleged infringements of the right to life.