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Title: | The Right to a Healthy Environment Before the Inter-American Court of Human Rights |
Authors: | Mardikian, L |
Keywords: | human rights;right to a healthy environment;Inter-American Court of Human Rights;Lhaka Honhat;Advisory Opinion OC-23/17;indigenous peoples;right to property;transformative constitutionalism |
Issue Date: | 27-Oct-2023 |
Publisher: | Cambridge University Press |
Citation: | Mardikian, L. (2023) 'The Right to a Healthy Environment Before the Inter-American Court of Human Rights', International and Comparative Law Quarterly, 72 (4), pp. 945 - 975. doi: 10.1017/S0020589323000416. |
Abstract: | Copyright © The Author(s), 2023. The article explores the interpretation of the right to a healthy environment by the Inter-American Court of Human Rights as an autonomous right under the American Convention on Human Rights. It places this development in the context of transformative constitutionalism in Latin America and examines it against the background of the Court's broader case law. The article argues that, even though this is an important judicial innovation, there are three challenges with the approach of the Court. The first relates to the individual and collective dimensions of the right; the second to the link between this development and the Court's previous jurisprudence; and the third to the corresponding reparations. The last part of the article seeks to explore ways in which the Court could offer further guidance on the contours of the right and its relationship with civil and political rights. |
URI: | https://bura.brunel.ac.uk/handle/2438/27270 |
DOI: | https://doi.org/10.1017/S0020589323000416 |
ISSN: | 0020-5893 |
Other Identifiers: | ORCID iD: Lisa Mardikian https://orcid.org/0000-0001-5279-0428 |
Appears in Collections: | Brunel Law School Research Papers |
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FullText.pdf | Copyright © The Author(s), 2023. Published by Cambridge University Press on behalf of British Institute of International and Comparative Law. This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution and reproduction, provided the original article is properly cited. | 384.38 kB | Adobe PDF | View/Open |
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