Presentation EC 30032015

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!