write an short notes on human rights and environment protection research

Human Rights and British Citizenship: The Case of Shamima Begum as Citizen to, Forum: Human Rights Practice in the Age of Pandemic, Balancing Specificity of Reparation Measures and States’ Discretion to Enhance Implementation. An example is the right to property enshrined in Article XXIII of the American Declaration of the Rights and Duties of Man also known as “American Declaration”. In summary, while it is important to continue researching the impact of technology on human rights work, technology is not a panacea. [15] Thus, these rights tend to be pushed back in favour of the right to development. Do you have a 2:1 degree or higher? The widest in ambit seems to be the Convention on Biological diversity, 1992 which requires nations to take steps for towards the conservation of biodiversity, the sustainable utilisation of biological resources and the equitable sharing of benefits. (Women Human Rights Defenders International Coalition, 2012: viii). Human rights abuses in this context could refer to large-Biswal, Tapan (2006) Human Rights Gender and Environment. The second concept of environmental rights conceives of such rights as entrenched in existing human rights such as the right to life, the right to health or the right to property. In some counties political and civil rights are not given or guaranteed to all its citizens. /Contents 4 0 R Registered Data Controller No: Z1821391. endstream endobj startxref Further, the Movements of Hazardous Wastes and their Disposal (Basel), 1989 calls upon countries to minimise hazardous waste production where possible and also regulate the transboundary movement of such wastes. The second rights-based approach highlights the presently existing human rights as a route to environmental protection and states, “the legal protection of human rights is an effective means to achieving the ends of conservation and environmental protection”. VAT Registration No: 842417633. Human Rights endstream endobj 185 0 obj <>stream This kind of ‘deep’ engagement, however, requires trust and commitment between all collaborators. 10 August. The New Tactics in Human Rights Project (2004) provides a review of different tactics used by human rights defenders, classified according to their purpose. They attack your reputation, your credibility, calling you a spy, a traitor, a prostitute. The correlation between the expansion of science and technology and human rights has already been on the program of diverse United Nations bodies for decades. Further research is needed on these questions: How do HRDs construct ideas of risk and security? International solidarity has been used to increase the visibility of HRDs at risk, in order to increase the political cost of aggression against them. E/CN.4/2001/94, Report of the Special Rapporteur on the situation of human rights defenders, Margaret Sekaggya. Share Your Essays.com is the home of thousands of essays published by experts like you! Free resources to assist you with your legal studies! %PDF-1.6 %���� An essay on sexual and reproductive rights defenders, Counting the Dead: The Culture and Politics of Human Rights Activism in Colombia, Report submitted by Ms Hina Jilani, Special Representative of the Secretary-General on human rights defenders. Find out some adverse effects of noise pollution on human health. Rights corresponding to those under the International Covenant on Economic, Social and Cultural Rights however, would fall under Part IV of the Constitution i.e., the directive principles of state policy. India has also incorporated a number of international environmental law principles into its application of the law. [11] It is therefore imperative to study human rights instruments to discern the existence of a human right to a clean environment therein. Over time, governments, intergovernmental bodies, civil society actors and others—including HRDs themselves—have developed a range of protection mechanisms and practices to support HRDs at risk. HRDs now have access to a huge array of instruments that can support their work. Published by Experts, 1336 Words Essay on India’s Poor Performance in Sports, 1271 Words Essay on India as a Mixed Economy, 571 Words Essay on Slow and Steady wins the Race, Essay on Leadership: Introduction, Functions, Types, Features and Importance. At the international level also, there exists no explicit right to environment. Writing about communities displaced through violence in Colombia, Gwen Burnyeat (this issue) argues that it is important to recognize as HRDs groups that undertake peaceful community initiatives for self-protection—such as establishing ‘peace communities’ and ‘humanitarian zones’. Principle 1 of Rio Declaration proclaims that human beings “are entitled to a healthy and productive life in harmony with nature” and provides that states should effectively cooperate to discourage or prevent the relocation and transfer to other states of any activities and substances that inter alia, are found to be harmful to human health. Furthermore, Amir points out that more isolated WHRDs are not benefiting from risk frameworks and security manuals developed by international actors, and rely instead on small circles of family and friends for protection. For more information on the activities of the Special Rapporteur, see http://www.srhrdafrica.org (referenced 15 August 2013). Human rights are those rights which are fundamental for living and for normal human existence. These include ‘Security-in-a-box’ (https://securityinabox.org/en) and ‘Me & My Shadow’ (https://myshadow.org). What forms of technological regulation inhibit the work of HRDs, and what forms enable their work? 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Protection and maintenance of human rights is a fundamental duty of every government. We see value in the distinct perspectives, skills, and knowledge of collaborators with different backgrounds and experiences. Recent examples include in Ethiopia the ‘Proclamation to Provide for the Registration and Regulation of Charities and Societies’ (2009), in Algeria the revised Law on Associations (2012), in Russia ‘Introducing Amendments to Certain Legislative Acts of the Russian Federation Regarding the Regulation of Activities of Non-commercial Organizations Performing the Function of Foreign Agents’ (2012), and in Azerbaijan amendments to the Law on Non-Governmental Organizations and the Law on Grants and Administrative Code (2013). Protection of Human Rights Defenders: Best Practices and Lessons Learnt, Volume 1: Legislation, National Policies, and Defenders' Units. [3] This was recognised in the Stockholm Declaration which stated that “Humans have the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and a solemn responsibility to protect and improve the environment for present and future generations”. HRDs view the world and act in it in different ways. Article 48A provides that the State should endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. This short paper considers the different ways that the environment is conceptualised in international human rights law and analyses the proposition that a right to a healthy environment is emerging. Cruelty to prisoners of war, unjust treatment of prisoners in jail, economic discrimination, casteism, rape, child labour, child prostitution, etc., are other forms of violation of human rights. Brussels: Protection International. [5] Thus, there must be a balance between the right to development and the protection of the environment. These are rights to live, liberty and security of person, right to freedom of speech, judicial remedy, freedom of movement, right to take part in the governance of one’s country, etc. Environmental protection is thus an essential instrument in the effort to secure the effective universal enjoyment of human rights. However, subsequently in 1994, the Ksentini Report emphasized that the right to environment is indeed a human right. 186 0 obj <>/Filter/FlateDecode/ID[<129B54896569264C97575C10D447EB68>]/Index[179 19]/Info 178 0 R/Length 55/Prev 1026761/Root 180 0 R/Size 198/Type/XRef/W[1 2 1]>>stream [27]. Conservation of the environment aims at keeping it safe and healthy. The Women Human Rights Defenders International Coalition (2012) puts forward the following definition of ‘women human rights defenders’ (WHRDs): WHRDs are women active in human rights defense who are targeted for who they are, as well as those active in the defense of women's rights who are targeted for what they do. They can break down barriers to the flow of information and ideas and provide a platform to test assumptions, debate complex issues, and brainstorm recommendations. International Law Privacy Policy3. /F4 29 0 R For further elaboration see UN Special Rapporteur on the situation of human rights defenders (2011). /Kids [3 0 R 5 0 R 7 0 R 9 0 R 11 0 R 13 0 R 15 0 R 17 0 R ] See for example, the work of the International Council on Human Rights Policy (http://www.ichrp.org), and conference reports from the School of Oriental and African Studies' Human Rights Forum entitled ‘Developing Practice-led Research to Meet Contemporary Challenges’ held in London on 3 June 2013 and the Association of Human Rights Institutes' Annual Conference entitled ‘Emerging Research in Human Rights’ held in London from 9–10 September 2013. When technology might be able to offer solutions, it is important that the tools developed are rooted in the experiences and needs of the HRDs at risk. A number of protection mechanisms exist at the international, regional and national levels for the protection of HRDs at risk. Fundamental human rights are guaranteed under Part III of the Indian Constitution. We are compiling a second collection of papers that provide further analyses on the protection of HRDs. Over the years, different actors have developed a range of creative strategies and tactics for the protection of HRDs. Overcoming these barriers is therefore crucial for ensuring that the Declaration on human rights defenders is used to create the kind of support it was meant to facilitate. We end this article with brief reflections on the merits and challenges of collaborative applied research to encourage and inform future work. [20] This imposition of a duty upon citizens is significant as private actions can considerably damage the environment and by virtue of such a provision, the right to environment could be claimed against private actors also. The beginning of international environmental law can be traced to the United Nations Conference on the Human Environment held at Stockholm in 1972. The Right to Environment in International Environmental Law. Practitioners and HRDs may also find it difficult to take time out from their work to reflect and write critically about their experiences of security and protection. Some important questions for further research include: What are the power relations involved in the use of the term ‘HRD’? Concern for health is a constant theme in environmental agreements, indeed one of the principal aims of environmental protection. Feminist HRDs argue for the importance of understanding how gender diversity and the intersectionality of differences impacts on risk. Rights under this Part are enforceable and more of the nature of goals sought to be achieved. However, inspite of the judges’ activism with regard to the right to environment, the reality poses a different picture. Encouragingly, the Indian Courts have given environmental issues the serious consideration they call for. She stresses the importance of having a holistic view of security that includes a consideration of the psychological and physical consequences of human rights work, the threats posed by non-state actors, and the specific vulnerabilities faced by women defenders. Principle 1 says – “The role of humans: Human beings are at the centre of concern for sustainable development.”, Scholars in the have proposed at least three different concepts of environmental rights, The first concept conceives of environmental rights as disconnect human rights independent conventional human rights. The United Nations Human Rights Commission in a draft resolution on ‘Human Rights and the Environment’ expressed that “the preservation of life-sustaining ecosystems under conditions of rapid scientific and technological development is of vital importance for the protection of the human species and the promotion of human rights.” This balance can best be achieved if the right to a clean environment is given an equal status (as a human right… The human rights would be stregthened by the amalgamation of environmental concerns providing victims of environmental dilapidation the opportunity of access to justice and enabling the expansion of the scope of human rights protection and generation of concrete solutions for cases of degradation. The Urban Politics of Human Rights Practice, The definition and use of the term ‘human rights defender’, Perceptions of risk, security and protection, Culture, gender and diversity: protecting women human rights defenders, Legal and administrative mechanisms for repression, The effectiveness of protection mechanisms, Strategies and tactics for protection: responding to security needs, Fostering enabling environments for the defence of human rights, Conclusion: developing a collaborative research agenda, Observatory for the Protection of Human Rights Defenders, 2011, New Tactics in Human Rights Project, 2013, Women Human Rights Defenders International Coalition (2012), Women Human Rights Defenders International Coalition, 2012, International Center for Not-for-Profit Law, 2013, Observatory for the Protection of Human Rights Defenders, 2013, Observatory for the Protection of Human Rights Defenders, 2006, http://www.theadvocatesforhumanrights.org/uploads/human_rights_defenders_resources_19_july_2013.pdf, http://urgent-responses.awid.org/WHRD/table-of-existing-responses, http://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/410221/EXPO-DROI_ET(2013, http://protectionline.org/files/2012/08/REPORT-from-the-2009-Conference-on-Security-and-Protection-of-Human-Rights-Defenders-London.pdf, http://protectioninternational.org/wp-content/uploads/2013/04/Best-Practices-and-Lessons-Learnt.pdf, http://www.frontlinedefenders.org/files/en/3321_EUGuidelinesandHumanrightsDefendersinDRC.pdf, https://www.newtactics.org/conversation/staying-safe-security-resources-human-rights-defenders, http://protectionline.org/files/2012/08/First-Evaluation-of-the-EU-Human-Rights-Defenders-Guidelines.pdf, http://www.omct.org/files/2011/10/21443/obs_2011_uk_complet.pdf, http://www.omct.org/files/2013/02/22162/obs_annual_report_2013_uk_web.pdf, New Tactics in Human Rights Project (2004), http://indefenceofcharleshector.blogspot.co.uk/2011/08/asahi-kosei-libel-suit-against.html, http://www.ohchr.org/EN/HRBodies/TBPetitions/Pages/HRTBPetitions.aspx, http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/Mandate.aspx, http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/AnnualReports.aspx, http://www.ohchr.org/EN/HRBodies/UPR/Pages/BasicFacts.aspx, http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/131181.pdf, Inter-American Commission on Human Rights (2006, Association for Women's Rights in Development (2013), Receive exclusive offers and updates from Oxford Academic. This can lead to division amongst human rights activists who work together. In addition to conducting studies, visiting states, and promoting the protection of the rights of HRDs generally, the Rapporteur also provides support in the analysis of petitions presented to the IACHR regarding alleged violations of the rights of HRDs. Many WHRDs draw attention to the importance of understanding the connection between the personal characteristics of HRDs (actual and perceived)—such as gender, class, sexual orientation, geographical location, and ethnicity—and their protection needs. [12]. General Obligation to Co-operate: States shall co-operate in good faith with other states in implementing the preceding rights and obligations. << The problem of human rights is that people and countries have a different understanding of the term and its protection. The United Nations Convention on the Law of the Sea, 1994 mandates equitable and efficient use of marine resources and also their protection and preservation. They attack your body, and your sanity’ (Barry, 2011: 9). In the case of Charan Lal Sahu v. Union of India the Supreme Court of India interpreted the right to life guaranteed by Article 21 of the Indian Constitution to include the right to a wholesome environment. 1 0 0 1 49 41 cm /ProcSet [/PDF /Text ] For a full list of reports, see http://www.ohchr.org/EN/Issues/SRHRDefenders/Pages/AnnualReports.aspx (referenced 9 August 2013). Specifically, we highlight eight areas for research: the definition and use of the term ‘human rights defender’; perceptions of risk, security and protection; culture, gender and diversity (with particular emphasis on protecting women human rights defenders); the use of legal and administrative mechanisms for repression; the effectiveness of protection mechanisms; strategies and tactics for protection; fostering enabling environments for the defence of human rights; and the impact of technology and digital security on HRDs. /F3 26 0 R For instance, in Vellore Citizens Welfare Forum v. Union of India [28] , while the importance of industries to the economic development of the country was acknowledged, the Court held that concepts such as sustainable development, precautionary principle and the polluter pays principle which balance the adverse effects of industrialisation should be adopted. By the very nature of their work, HRDs challenge political, legal, religious, societal and cultural norms. Some of the treaty-based committees have individual complaint mechanisms. 29, Criminalisation of Human Rights Defenders, International accompaniment and witnessing state violence in the Philippines, Eyewitness: Peacebuilding in a war zone−The case of Colombian peace communities, Who is a human rights defender? The preambles of European Community directives often state their aim as being “to protect human health and the environment”. 17th Jul 2019 Disclaimer: This work has been submitted by a law student. h�b```e``f �``d`f`a�``h���Ґi��t濙5��u��%��f�/��4����n����vHD�lN�l\�����!O�I`Ԁl(�!ie�b�|]�@�j�}�@��/ �I?n You can view samples of our professional work here. It is evident that environmental and human rights are closely related. endobj Also the Convention on Environmental Impact Assessment in a trans-boundary context, 1991 calls for the “establishment of an environmental impact assessment procedure that permits public participation” in certain circumstances. They must be sheltered from injurious substances and hazardous products and be trained to preserve and allocate natural resources. Not only rights to life and health but also other social, economic, cultural, as well as political and civil rights, can be fully enjoyed only in a sound environment. World’s Largest Collection of Essays! Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of LawTeacher.net. The Conference on Security and Co-operation in Europe (CSCE) on the environment in Sofia in 1989 reaffirmed respect for the right of individuals, groups and organizations concerned with the environment to express freely their views, to associate with others and assemble peacefully, to obtain and distribute relevant information and to participate in public debates on environmental issues. In recognition of the role of the state as the primary duty bearer in relation to the rights of HRDs, the international community has invested in helping governments to build national bodies, processes and mechanisms to promote and protect human rights, such as national human rights institutions, ombudsman's offices and human rights commissions (European Union, 2008). �#`\H4$3�0�A�O�pD�A�A`����m�v� !L0��, �a�o�%a$�A#�� ���0�Y2�zd��H0M���0�@��A�0`�b� ����{��A���ĬB"K� �V(�=I�� They highlight the challenges involved in defining a HRD using the criteria outlined in Fact Sheet 29. We suggest that the gaps in knowledge in the eight areas highlighted in this article are best filled through collaborative, focused, applied projects involving academics, practitioners, and HRDs with mutual interests. Introduction To Human Rights and Fundamental Rights. Over the past decade, the international community has developed a range of resources for HRDs at risk. 3. The next significant international instrument is the Rio Declaration on Environment and Development, 1992. These reflections echo the observations of others about the merits and challenges of collaborative applied research involving practitioners and academics. The United Nations Human Rights Commission in a draft resolution on ‘Human Rights and the Environment’ expressed that “the preservation of life-sustaining ecosystems under conditions of rapid scientific and technological development is of vital importance for the protection of the human species and the promotion of human rights.” [6] This balance can best be achieved if the right to a clean environment is given an equal status (as a human right) as the right to development. Conservation and Sustainable Use: States shall maintain ecosystems and ecological processes essential for the functioning of the biosphere, shall preserve biological diversity, and shall observe the principle of optimum sustainable yield in the use of living natural resources and ecosystems. How should the international community support WHRDs in mitigating these risks? As for the Draft Principles laid down in the Ksentini Report, they have not yet entered into force. Some HRDs use their vulnerability strategically, as a way of drawing attention to their issue. Whilst it is legitimate for states to establish regulatory frameworks for the voluntary/charitable/NGO (non-governmental organization) sector, in recent years there has been a proliferation of so-called ‘NGO laws’ and administrative regimens promulgated by states with questionable motivations. Customary international law imposes several important fundamental obligations upon States in the area of environmental protection. /F2 23 0 R The second rights-based approach highlights the presently existing human rights as a route to environmental protection and states, “the legal protection of human rights is an effective means to achieving the ends of conservation and environmental protection”. In creating such spaces for reflection, however, one must always consider the possibility that perpetrators of abuses against HRDs may want to use these spaces to learn about HRD protection tactics. 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