“Human Rights Approaches to International Environmental Law”, Dr. Malgosia Fitzmaurice, Professor

The question of the link between human rights and the protection of the environment has been one of the most important subjects in international law. There are theoretical issues, such as to what category of human rights a right to a clean environment belongs to; and whether such a right even exists. However, the most important are practical questions such as does such a right is an effective measure in combatting environmental degradation. There are two international treaties which contain such a right: the African Charter on Human and Peoples’ Rights and San Salvador Protocol to the American Convention on Human Rights. The European Convention on Human Rights does not have a right to a clean environment. However, there is an extensive body of case –law, which applies human rights in a situation of environmental degradation.

Environmental human right cam be divided into a substantive right and a procedural right, i.e. what arte the conditions of implementing of such a right and who has the standing of claiming such a right. In this respect should be analysed principle 10 of the 1992 Rio Declaration on Environment and Development and the 1998 Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters.