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4 - The American Convention on Human Rights and Environmental Rights Standards

Published online by Cambridge University Press:  09 May 2019

Stephen J. Turner
Affiliation:
University of Lincoln
Dinah L. Shelton
Affiliation:
George Washington University, Washington DC
Jona Razzaque
Affiliation:
University of the West of England, Bristol
Owen McIntyre
Affiliation:
University College Cork
James R. May
Affiliation:
Widener University School of Law, Delaware
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Summary

Until recently, environmental standards have received attention within the Inter-American regional human rights system, primarily in the context of the rights of indigenous peoples. In developing environmental standards, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have focused on the right to property and the right to life with the explicit aim of protecting the culture and way of life of indigenous communities and their distinctive relationship with their land. Environmental standards in this context relate in particular to participation of indigenous communities in decision making, benefit sharing and the implementation of environmental and social impact assessments. The development of environmental standards has been given fresh impetus by the Inter-American Court’s 2017 Advisory Opinion on Human Rights and the Environment that not only recognizes the right to a healthy environment as a substantive right under the American Convention on Human Rights, but also builds on previous jurisprudence recognizing that protection of the environment is an integral aspect of compliance with the right to life and personal integrity. This jurisprudence extends the application of environmental standards beyond the indigenous context and arguably beyond the confines of rights to life and personal integrity.
Type
Chapter
Information
Environmental Rights
The Development of Standards
, pp. 60 - 92
Publisher: Cambridge University Press
Print publication year: 2019

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