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Articles

No. 1 (39) (2022)

To What Extent Do Human Rights Provide an Appropriate Approach to Achieving Environmental Protection?

DOI
https://doi.org/10.36128/priw.vi39.263
Submitted
March 14, 2021
Published
2022-04-01

Abstract

There is no legal definition of human rights. They can be perceived in different ways. Human rights aim to protect what is considered valuable for humans. As a result, there
are opinions that natural resources like water, clean air or soil may be perceived as human rights only to the extent of necessity for human life and dignity and not as a value itself. Human beings are in the middle of the environment and every environmental action, both friendly and non-friendly to the environment, influence their lives. As the environment is an important part of life, there should be no doubts that environmental law would also influence other branches of law, among others human rights. The main aim of this dissertation will be to assess if human rights provide an appropriate approach for achieving environmental protection. First of all, to assess that, it should be considered what is the main purpose of human rights. To answer the question posed above it is also necessary to assess what kind of human rights can be used as a tool to
protect the environment. To fully understand the possibilities and the limits connected with human rights as a means to protect the environment, it will be also necessary to highlight the synergies and the conflicts between human rights and environmental protection.

References

  1. Anton Donald K., Dinah L. Shelton, Environmental Protection and Human Rights. New York: Cambridge University Press, 2011.
  2. Birnie Patricia, Alan Boyle, Catherine Redgwell, International Law & the Environment, Third Edition. Oxford: Oxford University Press, 2009.
  3. Bodansky Daniel, Jutta Brunnée, Ellen Hey, The Oxford Handbook of International Environmental Law. Oxford: Oxford University Press, 2007.
  4. Daly Erin, „Environmental Constitutionalism in Defense of Nature” Wake Forest Law Review, No. 53 (2018): 667-690 (HeinOnline).
  5. De Salas Alfonoso, Manual on human rights and the environment, Second Edition. Strasbourg: Council of Europe Publishing, 2012.
  6. Dupuy Pierre-Maire, Jorge E. Viňuales, International Environmental Law, Second Edition. Cambridge: Cambridge University Press, 2018.
  7. Hey Ellen, Advanced Introduction to International Environmental Law. Cheltenham: Edward Elgar Publishing, 2016.
  8. Humphreys Stephen, Human Rights and Climate Change. Cambridge: Cambridge University Press, 2009.
  9. Knox John H., „The Past, Present and Future of Human Rights and the Environment” Wake Forest Law Review, No. 53 (2018): 649-666 (HeinOnline).
  10. Moeckli Daniel, Sangeeta Shah, Sandesh Sivakumaran, International Human Rights Law, Second Edition. Oxford: Oxford University Press, 2014.
  11. Petersmann, Marie-Catherine, „The integration of environmental protection considerations within the human rights law regime: which solutions have been provided by regional human rights courts” The Italian Yearbook of International Law Online, No. 24 (2015): 191-218.
  12. Rodriguez-Rivera Luis E., „The Human Right to Environment in the 21st Century: A Case for Its Recognition and Comments on the Systemic Barriers It Encounters” American University International Law Review, No. 34 (2018): 144-204 (HeinOnline).
  13. Rouse James, „What are Human Rights: Grounding Human Rights in Dignity, Worth or Sacredness” Auckland University Law Review, No. 23 (2017): 324-347 (HeinOnline).
  14. Sands Philippe, Jacqueline Peel, Adriana Fabra, Ruth MacKenzie, Principles of International Environmental Law, Fourth Edition. Cambridge: Cambridge University Press, 2018.
  15. Siobhan, McInerney-Lankford, Mac Darrow, Lavanya Rajamani, Human Rights and Climate Change: A Review of the International Legal Dimensions. Washington: World Bank Publications, 2011.

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