Should Environmental Rights Trump Human Rights?
SHOULD ENVIRONMENTAL RIGHTS TRUMP HUMAN RIGHTS?
This study aims to present the findings of research on the link between environmental rights and human rights. Rights are normative principles, meaning that in the context of law, they are viewed according to a valued position. However, values can be inconsistent with each other hence the reason why rights, and in this case, human and environmental rights, may come into conflict. Another justification for this is the “flexibility” of rights explained by Birnie and Boyle (2002) in that not only can they be extended but are also open-ended and therefore can trump other claims or values. In a context where certain rights may have priority over others, should environmental rights trump human rights? During the conduct of this study, a number of points come up in order to build the arguments in an attempt to answer this question. The first point to be discussed will aim to understand the current status and the debate on environmental rights. There will also be an in-depth analysis of the link between environmental and human rights, presenting the similarities, differences and overlaps. Ultimately, the anthropocentricity of the right to a ‘clean and decent’ environment will be analysed within the framework of current debates and according to various studies as well as the shortcomings of human rights in addressing environmental concerns.
The link between environmental and human rights
Can one right trump another?
There are several points with regards to the ability of one right to trump another. The metaphor of rights as “trumps” originated from Dworkin (1985). This implies that certain rights have priority with respect to another. Rights are normative principles but from another point of view, a “specificationist” view, rights do not conflict and overlap in a given case. Whether rights are viewed as being “trumps”, thus conclusive or rather open, there are often links and overlaps between rights. According to
This study aims to present the findings of research on the link between environmental rights and human rights. Rights are normative principles, meaning that in the context of law, they are viewed according to a valued position. However, values can be inconsistent with each other hence the reason why rights, and in this case, human and environmental rights, may come into conflict. Another justification for this is the “flexibility” of rights explained by Birnie and Boyle (2002) in that not only can they be extended but are also open-ended and therefore can trump other claims or values. In a context where certain rights may have priority over others, should environmental rights trump human rights? During the conduct of this study, a number of points come up in order to build the arguments in an attempt to answer this question. The first point to be discussed will aim to understand the current status and the debate on environmental rights. There will also be an in-depth analysis of the link between environmental and human rights, presenting the similarities, differences and overlaps. Ultimately, the anthropocentricity of the right to a ‘clean and decent’ environment will be analysed within the framework of current debates and according to various studies as well as the shortcomings of human rights in addressing environmental concerns.
The link between environmental and human rights
Can one right trump another?
There are several points with regards to the ability of one right to trump another. The metaphor of rights as “trumps” originated from Dworkin (1985). This implies that certain rights have priority with respect to another. Rights are normative principles but from another point of view, a “specificationist” view, rights do not conflict and overlap in a given case. Whether rights are viewed as being “trumps”, thus conclusive or rather open, there are often links and overlaps between rights. According to
References: Boyle A., 2007, Human Rights or Environmental Rights? A Reassessment. pp 1-37. Available at: http://www.law.ed.ac.uk/file_download/publications/0_1221_humanrightsorenvironmentalrightsareasses.pdf Assessed April 20th, 2010 Birnie, P., Boyle, A., 2002, International law and the environment Dworkin, R. M., 1985. Rights as Trumps. In Jeremy Waldron, ed. Theories of Rights Available at: http://www.blackwellpublishing.com/pdf/compass/PHCO_003.pdf Assessed: 13th May, 2010 Fitzmaurice, M., 2009, Contemporary issues in international environmental law, pp 170-200 Sanjeev, K., Clark, W., and Raad, D., 2003, From the Environment and Human Security to Sustainable Security and Development, Journal of Human Development,4(2): 289-313. Available at: http://www.hks.harvard.edu/sustsci/ists/docs/khagram_etal_jhd03.pdf Assessed: April 20th, 2010 Shue, H., 1980 Basic rights : subsistence, affluence, and U.S. foreign policy UNEP, 2004, Human Rights and the Environment: Proceedings of a Geneva Environment Network Roundtable Case No. 7615 Brazil, Organization of American States, [Available Online] http://www.cidh.org/annualrep/84.85eng/Brazil7615.htm, USA (1985