THE RIGHT TO A HEALTHY ENVIRONMENT AS A HUMAN RIGHT IN THE CASE "LHAKA HONHAT (OUR LAND) VS. ARGENTINA" (INTER-AMERICAN COURT OF HUMAN RIGHTS)

被引:0
|
作者
Iglesias Darriba, Claudio [1 ]
机构
[1] Univ Nacl Jose C Paz UNPAZ, Jose C Paz, Argentina
来源
关键词
Healthy environment; collective human rights; state responsibility; socio-environmental conflict; indigenous population;
D O I
暂无
中图分类号
X [环境科学、安全科学];
学科分类号
08 ; 0830 ;
摘要
We know that the Inter-American Court of Human Rights plays a fundamental role in correcting the deviations perpetrated by the member states of the Organisation of American States (OAS). And we also know that the Court's concern for environmental issues has been growing in recent years. In this brief paper, we will look at the significance of the Inter-American Court's ruling in the case "Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina", dated 6 February 2020. In particular, we will see how this case constitutes a valuable precedent from a doctrinal and jurisprudential point of view, as it is the first case in which the Court recognised the "right to a healthy environment" as a human right. We will also analyse the Argentine and international legislation applicable to the case. On the other hand, we will discuss the main considerations of the Court in environmental matters. We will also review the latest measures taken by Argentina to comply with the judgement. Finally, we will draw some brief conclusions.
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页码:52 / 67
页数:16
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