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
12 - The Malé Formulation of the Overarching Environmental Human Right
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 places the Malé Declaration in its historical context and analyze its formulation of an overarching environmental right. The Declaration has broad scope: it links the right to other human rights; it addresses the human being both individually and in society; and it encompasses the entire range of threats to the environment. The Malé formulation also avoids some of the problems of other terms. References to a “healthy” environment, for example, may be problematic because the natural environment is not always healthy for humans, and because the emphasis on health ignores issues that are of central importance to human rights but do not directly implicate health, such as the right to enjoy culture. It may also be ambiguous whether the term “healthy” extends beyond human health to include health of ecosystems.
- Type
- Chapter
- Information
- The Human Right to a Healthy Environment , pp. 215 - 235Publisher: Cambridge University PressPrint publication year: 2018