Environmental Citizenship Legal Concept PDF
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This document explores the concept of environmental citizenship, including its legal framework and different approaches. It touches upon various aspects such as political citizenship, environmental problems, and different theories related to the subject.
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Environmental Citizenship Legal Concept Political Citizenship 1. Being a member of a community , having a social bond / or a common identity with that community. 2. Having a set of rights 3. Some specific duties obliged to perf with respected to that community Membership / Belonging Rights and...
Environmental Citizenship Legal Concept Political Citizenship 1. Being a member of a community , having a social bond / or a common identity with that community. 2. Having a set of rights 3. Some specific duties obliged to perf with respected to that community Membership / Belonging Rights and Participation Today : It comprises not only rights for individual freedom , but also the right of political participation and the right of social and economic welfare. Definition on Citizenship Go back to the Ancient Greece and the Romans ; While in the former one , it was relied on a minority who had a privileged status in the community , excluding , youngsters , women , slaves , maties , and barbarians. In contrast , it was taken as a tool of integration and expansion of the Roman Empire. Thus , being defined and encompassed bylaw and human rights , it has been a preporty development for the contemporary definitions and debates of the citizenship which can be traced back to the French Revolution ( 1789 ). Indeed , after then to date from 18th to 20th century , it rapidly evolves from civil to political and social types of citizenship with changing rights of citizenship in line with the impact of social inequalities. Together with the 21st century different levels of citizenship are started to be discussed National Regional Global EU Citizenship , which is admitted as complementary to the national citizenship of the member states , very well reflects , regional level of access to citizenship. The roots of the ideas regarding the concept of global citizenship on the other hand , can be found in Kant’s views ( Perpetual Peace ) based on cosmopolitan institution. Environmental Citizenship Environmental problems , such as pollution , global warming , climate change etc., mostly result in cross-border issues to deal with Environmental responsibilities are inter-generational and inter-species New fields of civic engagement and decision making that can compete with traditional jurisdictions of nation - states and also regional organizations are required to think on. The possibility of global civil society comprising global environmental citizens , relying on the forms and institutions of global environmental governance Origins on Environmental Citizenship Many of the concepts related to environmental citizenship stretch back to the conservation movements of the late 19th century.e.g. George Perkins Marsh to John Muir and the Sierra club. It finds its political expression in the environmentalism of the 1960s onwards , becomes associated with the goal of sustainable development from the early 1980s. Approaches on Environmental Citizenship Cosmopolitanism : Pointing to the interconnectedness and interdependence in multiple networks at a global scale going beyond the nation state. Feminism : It exposes the gender character of citizenship , additional rights based on sexual differences ( e.g. reproductive rights , right to abortion , maternity leave ) , and the importance of gender justice. Multiculturalism ( pluralism ) : It emphasizes the rights to cultural minorities , indigenous peoples , and the importance of universalism , dialogue , and human - nature relations. Neoliberalism : It focuses on consumer and corporate citizenship , so works on the concepts of sustainable consumption , green consumerism and consumer - based lifestyles, market societies etc. Lifestyle approach : Relying on lifestyles and consumption preferences of citizens to cope with practices resulting in over - consumption and excessive waste require the citizens to take on the responsibilities of self - governing. As governmentality theory - stading on Foucault’s ideas on ‘ the art of government’ suggest this can be achieved through public deliberative process including the public in decision making on policy options for a given issue. However , when it is thought just through consumption preferences with a market based logic , e.g. forcing businesses / industries to act responsibly by consumer choices on goods or services , it limits environmental citizens responsibility to activities around their consumption , excluding other activities staying outside of conventional modes of consumption , like protests or attempts to build low consumption communities around housing , energy or good cooperatives. Participatory rights approach : Coming from both the liberal ( individual responsibility , rights to environmental goods ) and republican ( participatory rights , rights to the common good ) political theories Definitions There may be changing definitions and understandings in different contexts , such as economy , policy philosophy , and also education. From the educational point of view an umbrella term covering all the different interpretations and views of the relation between environment and citizenship As an evolving concept , is also identified as the extension of citizenship rights ( civil , political and social rights ) to include accession to environmental goods or prevention of environmental bads. Green Citizenship Sustainability Citizenship Ecological Citizenship Green Citizenship EC evolves and extends through the “ greening of citizenship “ with many other works which have fueled by the views of ecocentrism ( holism ) instead of anthropocentrism ). So , today having EC requires at least the following elements : - environmentally conscious citizens - adopting pro-environmental attitudes , behaviour and practices , - being able to be responsive and deliberative on environmental issues , - exercising environmental rights and duties , taking into account not only intra-but also inter generational and inter-species justice. On the basis of the division of Johnson and Morris (2010 ) including three types of citizen , personally responsible , participative , and socially responsible , green citizens is accepted as the socially responsible citizen living sustainably ,and acting justly taking into account the inter generational and inter species rights. Ecological Citizenship Considered as the extension of citizenship rights with a new series of rights and duties belonged to an earth citizen , improved by different social movement : animal rights movements ; responsibility for nature ; global movement with the nation of a global ecological citizen. Here the emphasis is on the necessity of distribution on the basis of inter-generational equity with also taking responsibilities and virtues representing a challenge to both to the liberal state and market. While EC is so much associated with market based mechanisms for pro- environmental behaviour change. Non Humans Besides , as a further step , it requires a reconsideration of non humans in a community of Earth’s all inhabitants , while adopting human beings as “ plain citizens of the land community “ Additionally , even global citizenship is almost entirely confined to human beings , nonhuman rights and interests should not be exluded from moral concerns , and they should be respected with their distinctive characteristics , as there may exit different communities ( biological - moral - humanity - interdependence communities ) , sometimes with overlapping boundaries , and multiple loyalties , transcending the community of humanity. Environmental Democracy Setting up a system of environmental rights and duties entails an effective “ environmental democracy “ which enable citizens play important roles in participation and decision making processes , and exercise control over acts / actions of the governmental bodies in environmental matters. Environmental Rights Protecting the environmental with / within present human rights system. Providing procedural human rights to the environmental. Providing substantive human rights to the environmental. INTERNATIONAL LEVEL The UDHRs does not contain any direct or indirect regulation on the protection of the environment. Many different proposals including to add additional protocols to the UDHRs have been discussed several times over time, but no concrete result has been achieved to date. Instead, many international and regional human rights documents adopted since the Stockholm Declaration, especially since 1980, contain various indirect statements about the right to the environment. UN agencies have ofter used an indirect approach in their regulations and resolutions; and the right to the environment has not been mentioned as a separate fundamental right in the list of human rights. REGIONAL LEVEL In the context of the Council of Europe, although there is no specific right to the environment in the text of its Convention, in some cases before the ECtHR, decisions are made by referring to other human rights in the ECHR, i.e., by making a connection between the existing human rights and the protection of the environment. Environmental cases are handled on the basis of rights such as the right to life, the protection of private life and family, the right to property, the right to a fair trial, the right to information and the right to an effective application. However, the protection of the environment by existing human rights makes the scope of environmental protection narrow; because in these cases environmental degradation itse is not the central issue; rather, it may exist in conjunction with an existing human right. PROCEDURAL SAFEGUARDS Through documents like World Nature Charter (23rd principle) or Aarhus Convention, some procedural safeguards may be also thought in the context of environmental rights: 1. The right to information, limited availability of free online public access Icecream resources on environmental issues are not acceptable; 2. The right to participate in environmental decision making, it lets people's voice heard through getting involved in the local consultation processes, participating in local planning systems, and very recently developed and institutionalised new deliberative modes of public participation, like internet- based modes of engagement, in both policy-making and environmental activism 3. Access to justice, recognising that organisations or campaign groups promoting environmental protection have sufficient standing to seek judicial review on environmental issues, it makes challenge a governmental body's decision on an environmental mattern court. CURRENTLY, A draft general comment No. 26 on children's rights and the environment with a special focus on climate change was launched by the Committee on the Rights of the Children (CRC) in June 2021. Through a Resolution 48149, dopted by the Human Rights Council on 8 October 2021, the Council recognized the right to a dean, healthy, and sustainable environment as a hitman right; Through a second resolution 48/14), it established a Special Rapporteur dedicated specifically to the human rights impacts of climate change. Based on the resolution by the Human Rights Council (Resolution 48/13), on 28 July 2022, the UN General Assembly also declared the ability to live in a clean, healthy and sustainable environment as a universal human right. NONHUMAN RIGHTS !? Even if nonshumans are not considered to have rights they should be considered as morally important, and that this morally considerable,' status attributed to them imposes duties towards humans. Therefore, rather than legal rights, the idea that legal interests can be extended to non- humans is more frequently brought to the agenda. For this reason, the issue of granting rights to nonhumans is replaced by the burden humans with duties, ecological virtues