Constitutional Models and Judicial Protection of Human Rights in Ecology in the Context of Global Climate Change (Foreign Experience)

Abstract

The author refers to the foreign experience of constitutional and legal regulation in the field of ecology and the urgent problem of human rights protection in the conditions of climate change. A comparative analysis of the texts of the constitutions testifies to the recognition of the relationship of human rights with the environment; «a favorable environment» is declared as a constitutional goal. The author determines two main constitutional models. Within the framework of the first model, the right to the environment («favorable», «healthy», «balanced») is enshrined as an separate human right. The second model declares the right to life, health and other rights of the individual in an environment that meets the requirements of «favorable». The climate agenda as an urgent requirement of modern international law is reflected in the national law of States. Over the past 30 years, there has been a steady trend in the growth of individuals’ claims and their associations to executive authorities in connection with the onset of adverse effects from climate change. The analysis of judicial practice indicates the formation of two types of «climate» cases. The first group concerns protection of specific human rights (the right to life, the right to health, the right to property) violated due to ineffective measures of state bodies in combating the negative consequences associated with climate change. The second type of «climate» cases includes cases challenging regulatory and other acts (for example, permits for the construction of facilities whose operation will increase greenhouse gas emissions). The causes of action concern the need to change (cancel) acts in order to establish stricter limits on greenhouse gas emissions or in the adoption of special programs to combat climate change. The author draws the conclusion about a more successful practice of protecting rights within this type of «climate» cases.