Transcript
IS THERE A RIGHT TO A SAFE AND HEALTHY ENVIRONMENT? Health and Human Rights in the Welfare State Esmeralda Colombo, 10th April 2015, UiB
Todays Plan
!Human Rights Law and Environmental Law
!The Right To a Healthy and Safe Environment
!Conclusions
Methodology
"Global Level "Regional Level "European Level "National Level
International Law at Odds
HUMAN RIGHTS AND ENVIRONMENTAL LAW
A Heated Debate
"Societal Values "Objectives of Human Rights Law "Objectives of Intl Environmental Law
The Linchpin
"The Foundation of IEL "Environmental Rights "Procedural Guarantees
Hurdles
"Territorial versus Transboundary Character
"Different Enforcement Mechanisms "Substantive Legislation
A Multi-layered View
THE RIGHT TO A HEALTHY AND SAFE ENVIRONMENT
The Global Level
" Hard Law # 1946 WHO Constitution (Preamble and Article 2) # 1966 ICESCR (Article 12) # 1979 CEDAW (Article 14) # 1989 CRC (Article 24) # 1989 ILO Convention Indigenous and Tribal Peoples (Article 7) # 1989 Basel Convention # 1998 arhus Convention # International Humanitarian Law (Geneva Conventions and
Protocols)
" Soft Law # Declarations, Resolutions, Reports, General Comments
The Global Level
$An International Court for the Environment?
$Human Rights Committee: EHP v. Canada
The Regional Level: Europe
"ECtHR "Fadeyeva v. Russia (2005)
The Regional Level: America
"IACtHR "Yanomami v. Brazil
The Regional Level: Africa
"ACHPR "Ogoni
Typology of States obligations
"Respect "Protect "Fulfill
The European Level
"TEU (Articles 3(3); 3(5); 21) "TFEU (Articles 13;191; 192; 193) "Charter (Article 37)
The National Level
"The Environmental Rights Revolution (Boyd)
"147/193 UN Members "Civil law systems
Tacking Stock
CONCLUSIONS
Conclusions
"Human Rights and Environmental Protection
"Enforceability "Regional Human Rights Courts "ICJ "Domestic Courts
THANK YOU FOR YOUR ATTENTION!
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