Human rights and the environment

Question 1

Human rights and the environment

Answer 1

Right to life, right to personal integrity, right to health, right to private and family life, human right to a healthy environment, etc.

Question 2

Netherlands Vs Urgenda law-case

Answer 2

Urgenda= environmental Dutch organization sueing the Dutch State for not taking enough action to fight climate change

Legal basis:
European Convention on Human Rights (ECHR), Article 2 (right to life) and Article 8 (right to respect for private and family life)  a contracting state is obliged by these provisions to take suitable measures if a real and immediate risk to people’s lives or welfare exists and the state is aware of that risk
• … there is a grave risk that dangerous climate change will occur that will endanger the lives and welfare of many people in the Netherlands  The State is therefore obliged to reduce greenhouse gas emissions from its territory in proportion to its share of the responsibility
• … there is a great degree of consensus on the urgent necessity for the Annex I countries [developed countries] to reduce greenhouse gas emissions by at least 25-40% in 2020  the State must comply with the target, considered necessary by the international community, of a reduction by at least 25% in 2020

Question 3

Verein Klimaseniorinnen Vs Swizterland

Answer 3

European Court of Human Rights

There were some critical lacunae in the Swiss authorities’ process of putting in place the relevant domestic regulatory framework, including a failure by them to quantify, through a carbon budget or otherwise, national GHG emissions limitations. Furthermore, the Court has noted that, as recognised by the relevant authorities, the State had previously failed to meet its past GHG emission reduction targets (…). By failing to act in good time and in an appropriate and consistent manner regarding the devising, development and implementation of the relevant legislative and administrative framework, the respondent State exceeded its margin of appreciation and failed to comply with its positive obligations in the present context. The above findings suffice for the Court to find that there has been a violation of Article 8 of the Convention