Children's environmental rights under international and EU law : the changing face of fundamental rights in pursuit of ecocentrism / Francesca Ippolito.
Ippolito, Francesca, author.
2023
K639
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Title Children's environmental rights under international and EU law : the changing face of fundamental rights in pursuit of ecocentrism / Francesca Ippolito.
Author Ippolito, Francesca, author.
ISBN 9789462655478 (electronic bk.)
9462655472 (electronic bk.)
9789462655461
9462655464
DOI https://doi.org/10.1007/978-94-6265-547-8
Published The Hague : T.M.C. Asser Press, [2023]
Copyright ©2023
Language English
Description 1 online resource (xii, 339 pages) : illustrations (some color)
Item Number 10.1007/978-94-6265-547-8 doi
Call Number K639
Dewey Decimal Classification 323.3/52
Summary This book is dedicated to a topic which has for a long time lacked the attention it deserves within the academic world. It intends to address in a coherent and comprehensive manner the problem of the environmental rights of the child, which are not identical to the ones of adults whose environmental rights have been appraised from a general point of view. In the absence of any international law instrument explicitly granting a child the right to a clean environment, drawing on an extensive and original analysis of the UN Convention on the Rights of the Child and the practice of its monitoring body, this book undertakes an assessment of the extent to which these challenges may be overcome through a greater engagement between international law on the rights of the child and international environmental law. The result is the first comprehensive study on the manner in which these two mutually reinforcing legal regimes can interact to strengthen the protection of childrens environmental human rights at stake in the increased strategic environmental and climate litigations at both the national and international level. The book is recommended reading for, amongst others, policy makers, international environmental lawyers and human rights lawyers and practitioners. Additionally, lecturers, students and researchers from a range of disciplines will also gain from seeing how new legal scholarship and intertwined branches of international law contribute to the continual development of the living rights of the human rights conventions. Francesca Ippolito is Associate Professor of International Law in the Department of Political and Social Science of the University of Cagliari, Italy. She holds the Jean Monnet Chair on European Climate of Change - REACT for 2021-2024. .
Bibliography, etc. Note Includes bibliographical references and index.
Access Note Access limited to authorized users.
Source of Description Online resource; title from PDF title page (SpringerLink, viewed December 1, 2022).
Available in Other Form Print version: 9789462655461
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Intro
Contents
1 Setting the Scene: From the Environment as an Object To Be Protected Towards an Environmental Right(s)-Based Approach-International and EU Law Perspectives
1.1 The Environment as an Object To Be Protected in International Environmental Law
1.1.1 The Accent on the Environment's Ability to Meet Present and Future Needs
1.2 International Human Rights Law and the Protection of the Environment as a Value of General Interest
1.3 The Environment as an Object to be Protected in European Union Law

1.3.1 The Environment as an Object to be Protected Under EU Action Programmes
1.3.2 EU Primary Law and the Integration of Environmental Protection: Criteria for Compliance with a High Level of Protection ...
1.3.3 ... But Tempered
1.3.4 EU as a Global Actor for Climate Justice
1.4 A Progressive Shift Towards an Environmental Right(s)-Based Approach
1.4.1 Environmental Deprivation Undermining Existing Human Rights: Environment-Related Rights
1.4.2 Emerging Global Recognition of a Right to a Healthy Environment

1.4.3 Regional Recognition of a Right to a Healthy Environment Facilitated through Conventional Undertakings
1.4.4 More Difficult Recognition at European Level: The Different Techniques of the European Court of Human Rights
1.4.5 Attempts by the European Court of Justice
1.4.6 Beyond Human Rights: Possibilities for Recognizing Nature's Rights Under EU Law?
1.5 The Environment and Children: An Emerging Issue?
1.6 Research Aims: A Suitable Group-Specific Right to the Environment?
References

2 The Convention on the Rights of the Child as a Basis for Environment-Related Children's Rights and the Committee on the Rights of the Child's Contribution to Their Expansion
2.1 Environment-Related Rights Protecting Children in the Convention on the Rights of the Child
2.2 Child: A Definition and Prospects of Interpretation Regarding the Lacunae
2.3 The Environment as an Explicit Determinant of Health (Article 24 CRC)
2.3.1 Article 24 CRC in Practice-From Phase One: Raising Awareness of Environmental Concerns and the Need for International Cooperation

2.3.2 To Phase Two: Procedural Prevention and Substantive Regulatory Due Diligence
2.3.3 To Phase Three: Environmental Rights for Children
2.3.4 To Phase Four: Climate Change Impacts Becoming Mainstreamed in Concluding Observations
2.3.5 Climate-Related Petitions by Children: Sacchi et al.
2.4 The Environment as a Value in Education (Article 29 CRC)
2.5 The Environment as a Factor Contributing to an Adequate Standard of Living (Article 27 CRC)
2.6 The Environmental Dimension of the Right to Rest, Leisure and Play (Article 31 CRC)

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