Chapter Sixteen: Human Rights and the Environment


I. Introduction

Human Rights Approaches to Environmental Protection - summarizes the book's contents and order information

Human Rights and the Environment: Redefining Fundamental Principles? - a paper by Professor Klaus Bosselmann of the University of Auckland, New Zealand, on environmental justice and the legal process

II. The Human Rights System
    A. The UN System
Universal Declaration of Human Rights - the full text of the first major UN human rights document adopted in 1948

International Covenant on Civil and Political Rights - the full text of the human rights covenant adopted in 1966

International Covenant on Economic, Social and Cultural Rights - the full text of the human rights covenant adopted in 1966 and entered into force in 1976

Vienna Declaration on Human Rights - includes full text of the Vienna declaration and program of action

    B. The Regional Human Rights System
Inter-American Court of Human Rights - provides the basic documents, case law, press releases, and links relevant to the Inter-American Court of Human Rights

European Convention on Human Rights and Its Five Protocols - provides the full text of the European Convention on Human Rights; Enforcement of Certain Rights and Freedoms Not Included in Section 1 of the Convention; Conferring Upon the European Court of Human Rights Competence to Give Advisory Opinions; Amending Articles 29, 30, and 94 of the Convention; Protecting Certain Additional Rights; and Amending Articles 22 and 40 of the Convention

African Human Rights Instruments - includes the African Charter on Human and Peoples' Rights, Draft Additional Protocol to the African Charter on Human and Peoples' Rgiths, Charter of the Organization of African Unity, and more

III. Using Existing Human Rights to Protect the Environment
    A. The Right to a Healthy Environment
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights "Protocol of San Salvador" - includes Article 11, which provides for the right to a healthy environment

African [Banjul] Charter on Human and Peoples' Rights - includes Article 24, which provides the right to a general satisfactory environment favorable to their development

    B. The Right to Life
European Convention on Human Rights Article 2(1) - providing for the right to life protected by law
    C. The Right to Health
Convention on the Rights of the Child - includes Article 24, which provides for the highest attainable standard of health for children through the prevention of environmental contamination
    D. The Right to Be Free Of Interference of One's Home and Property
European Convention on Human Rights Article 8 - stipulates the right to respect for one's private and family life, home and correspondence
IV. Creating New Rights to Protect the Environment: Lex Ferenda
1994 Draft Declaration of Principles on Human Rights and the Environment - proposed in the Ksentini Report studying the connection between human rights and the environment
V. Environmental Protection and Indigenous People's Rights
    A. Defining "Indigenous Peoples"
World Bank's Definition of Indigenous Peoples - describes the key concept as "social groups with a social and cultural identify distinct from the dominate society which makes them vulnerable to being disadvantaged in the development process"
    B. Legal Protection of Indigenous Peoples' Rights
ILO Convention on the Protection of Indigenous and Other Tribal and Semi-tribal Populations in Independent Countries - a binding international instrument addressing the rights of indigenous peoples

ILO Convention Concerning Indigenous and Tribal Peoples - a binding international instrument viewed as the most far-reaching international document addressing the rights of indigenous peoples

    C. Case Study: The Yanomami Indians
Inter-American Commission on Human Rights Resolution No. 12/85, Case No. 7615 (Brazil) - provides an overview of the decision concerning the Yanomami Indians of Brazil
    D. Case Study: The Huaorani
Report on the Situation of Human Rights in Ecuador - issued by the Inter-American Commission on Human Rights addressing the Huaorani and other indigenous peoples
VI. National Legal Protection
    A. Judicial Protection of Rights in India
India's Pollution Regulatory Structure and Background - written by David Shaman for the World Bank, highlighting the regulatory system, case law and public activism, and pollution control boards
    B. Constitutional Development in South Africa
Bill of Rights of the Constitution of the Republic of South Africa - includes section 24, which provides the right to environmental protection
VII. Conclusion
The Human Rights "Arm" of the Sierra Club - provides a thorough orientation to the Sierra Club's stance on human rights as it relates to the environmental movement and provides extensive links to human rights/environment reports on Nigeria, Indonesia, Russia, China, and Burma