Environmental and Human Rights: linkages in International Law Presentation at Subregional Meeting in Almaty 2012-05-22 Professor Jan Darpö Faculty of Law/

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Presentation transcript:

Environmental and Human Rights: linkages in International Law Presentation at Subregional Meeting in Almaty Professor Jan Darpö Faculty of Law/ Uppsala Universitet

Jan Darpö Faculty of Law/UU | / Law is a reflection of the changing world outlook (Source: permaculturepower

Jan Darpö Faculty of Law/UU | / Development of the modern international protection: international perspective Protecting individuals 1948: Universal Declaration of Human Rights (UDHR) 1966: Covenant on Civil and Political Rights (CCRR) - classic rights 1966: Covenant on Economic, Social and Cultural Rights (CESCR) 1966: Convention on the Elimination of All Forms of Racial Discrimination 1979: Convention on the Elimination of All Forms of Discrimination against women 1989: Convention on the Rights of the Child Protecting the environment 1972: the Declaration of the United Nations Conference on the Human Environment 1992: the Rio Declaration on Environment and Development 2000: Millennium Development Goals 2002: Johannesburg Declaration on Sustainable Development

Jan Darpö Faculty of Law/UU | / Development of the modern international protection: regional perspective Protecting individuals 1950: Convention for the Protection of Human Rights and Fundamental Freedoms 1952: First Protocol to the Convention  Case law of ECHR Protecting the environment – “Environment for Europe” process 1998: Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (4th Ministerial Conference in Aarhus) 2003: Protocol on Pollutant Release and Transfer Registers 2005: Amendment to the Convention regarding genetically modified organisms (Art.6bis and Annex I bis)

Jan Darpö Faculty of Law/UU | / ECHR about Art. 8 Lopez Ostra v. Spain (ECHR ) Guerra v. Italy (ECHR ) Hatton ao v. United Kingdom (ECHR och ECHR/GC ) Kyrtatos v. Greece (ECHR ) Fadeyeva v. Ryssland (ECHR ) Ledyayeva ao v. Russia (ECHR ) Taşkin ao v. Turkey (ECHR ) Öçkan ao v. Turkey (ECHR ) Giacomelli v. Italy (ECHR ) Moreno Gomez v. Spain (ECHR ) Dubetska ao v. Ukraine (ECHR )

Jan Darpö Faculty of Law/UU | / Outlook 2012 The Aarhus Convention has 45 Parties (almost all countries in Europe, Caucuses and Central Asia) The PRTR has 28 Parties and the EECCA countries show the interest in this instrument The GMO Amendment lacks 5 ratifications The Human Rights Council adopts resolution 19/10 “Human Rights and the Environmen”, introducing an independent expert on the issue of human rights obligations related to the enjoyment of a safe, clean, healthy and sustainable environment

Jan Darpö Faculty of Law/UU | / ECHR/3C about the environment as a human right In addition, the close connection between human rights protection and the urgent need for a decontamination of the environment leads us to perceive health as the most basic human need and as pre- eminent. After all, as in this case, what do human rights pertaining to the privacy of the home mean if, day and night, constantly or intermittently, it reverberates with the roar of aircraft engines?

Jan Darpö Faculty of Law/UU | / Key elements of the AC Recognition of the environmental procedural rights to environmental information public participation access to justice Broad definitions (Art. 2)  ‘The public ’  ‘Public authorities’  ‘Environmental information’ Anti-harassment, non-discrimination provisions (Art. 3 para. 9) Application of the principles of the AC in international environmental decision-making and within framework of international organizations (Art. 3 para. 7) Open to non-ECE countries (Art. 19)

Jan Darpö Faculty of Law/UU | / Activities under Convention STANDARD DEVELOPMENT AND SETTING Access to information: Task force set up at MoP-4 to exchange information on and promote good practices Public participation: Task force set up at exMoP-2 to exchange information on, promote good practices and develop recommendations Access to justice: Task force set up at MoP-2 to exchange information on and promote good practices. Genetically modified organisms: Guidelines adopted at MoP-1 Applying Aarhus in international forums: Almaty guidelines adopted at MoP-2 on implementation of article 3 para.7

Jan Darpö Faculty of Law/UU | / Activities under Convention Monitoring: Reporting mechanism: National implementation reports submitted to each MoP, prepared in consultation with public Aarhus Clearinghouse for Environ- mental Democracy: launched July 2004 at Special procedure Compliance mechanism: Compliance Committee mandated to consider communications from the public (63 communications as of March 2012)