The Human Rights-Based Approach to Carbon Finance by Olawuyi Damilola S

Author:Olawuyi, Damilola S.
Language: eng
Format: epub
Publisher: Cambridge University Press
Published: 2016-05-16T04:00:00+00:00

4.2.1 Substantive human rights approach

Since the publication of the path-breaking treatise edited by Boyle and Anderson, scholars have increasingly argued in favour of an approach that protects the environment using substantive human rights instruments.6 The crux of this approach is that environmental protection can be achieved when it is recognized as a freestanding human right and defined in core international and national human rights instruments.7 Arguably, environmental protection can be recognized in the body of international human rights law either by establishing a new human right to environment under international law, or re-interpreting existing human rights such as the right to life or the right to health to include environmental protection as an element. Boyle calls this the ‘greening’ of already existing rights and remedies in order to cater to environmental protection.8 This indirect approach calls for states, courts and international organizations to derive environmental protection from existing human rights instruments.

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