Skip to main content Accessibility help
×
Hostname: page-component-cd9895bd7-p9bg8 Total loading time: 0 Render date: 2024-12-23T16:59:44.669Z Has data issue: false hasContentIssue false

4 - Countering the Dominant Frame

An Account of Trade-offs and Tensions

from Part I - Constructing Synergies: Framing the Environment–Human Rights Interface

Published online by Cambridge University Press:  20 October 2022

Marie-Catherine Petersmann
Affiliation:
Universiteit van Tilburg, The Netherlands
Get access

Summary

To counter the dominant anthropocentric and synergistic framing of the relationship between environmental protection and human rights, this chapter focuses on the conflicting dimension of this relation. It maps the main types of conflicts induced from a case-law analysis of regional human rights courts. Conflicts between nature conservation policies (through the creation of protected areas) and the rights of indigenous peoples or cultural minorities living on such lands have been deplored for long, as also instantiated through the numerous cases decided by the Inter-American and African human rights Courts and Commissions. Less has been said, however, about conflicts between animal welfare concerns and cultural or religious freedoms of certain communities; conflicts between landscape preservation policies and land ownership, including by vulnerable groups such as Roma people; and conflicts between energy policies and the rights to adequate living conditions and to property. Strasbourg and Luxembourg judges are increasingly occupied with such issues. This innovative typology of normative conflicts between environmental protection laws and human rights offers new empirical, theoretical and doctrinal insights to understand the nature and the extent of the conflicting dimension of the relationship between environmental protection and human rights.

Type
Chapter
Information
When Environmental Protection and Human Rights Collide
The Politics of Conflict Management by Regional Courts
, pp. 97 - 112
Publisher: Cambridge University Press
Print publication year: 2022

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×