Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
3 - Learning from Constitutional Environmental Rights
Published online by Cambridge University Press: 08 June 2018
Book contents
- The Human Right to a Healthy Environment
- The Human Right to a Healthy Environment
- Copyright page
- Contents
- Contributors
- Table of Cases
- Table of Treaties and Other International Instruments
- 1 Introduction
- 2 Catalyst for Change
- 3 Learning from Constitutional Environmental Rights
- 4 The Right to a Satisfactory, Healthy, and Sustainable Environment in the African Regional Human Rights System
- 5 The European Court of Human Rights and International Environmental Law
- 6 Complexities and Uncertainties in Matters of Human Rights and the Environment
- 7 Reasoning Up
- 8 In Search of a Right to a Healthy Environment in International Law
- 9 A Human Right to a Healthy Environment?
- 10 Quality Control of the Right to a Healthy Environment
- 11 The Politics of Human Rights, the Environment, and Climate Change at the Human Rights Council
- 12 The Malé Formulation of the Overarching Environmental Human Right
- 13 Human Rights in the Climate Change Regime
- 14 The Right to a Healthy Environment and Climate Change
- Bibliography
- Index
Summary
This chapter illusrates that domestic environmental constitutionalism provides several lessons for the meaning, scope, and enforcement of a global environmental right. Domestic constititutions use a very wide variety of other formulations, including references to the right to a “clean,” “harmonious,” and “balanced” environment. Some provisions are explicitly anthropocentric, others are ecocentric, and some include both perspectives. Different legal consequences can result from such different legal texts. The chpater also demonstrates that constitutions differ greatly in how clearly they link the right to other rights, and in the creation of effective enforcement mechanisms. It concludes that the drafters of an instrument recognizing the right at the global level should clarify as much as possible which elements of the environment should be protected and why, link the right explicitly to other human rights, and create effective mechanisms for vindicating the right.
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- The Human Right to a Healthy Environment , pp. 42 - 58Publisher: Cambridge University PressPrint publication year: 2018
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