European Committee of Social Rights: The right to a healthy environment

Trilsch, Mirja A.

doi:10.1093/icon/mop019

Cited by 9 publications

(2 citation statements)

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“…The ESC imposes obligations on the state for securing the individual and the whole of society against the possibilities of health issues. According to the ECSR, the state's tasks regarding the control of the NCD pandemic would be divided between the responsibilities of central and regional authorities concerning the elimination of the causes of poor health, health education and reliable information about the impact of harmful addictions [26]. Obligations for eliminating the causes of poor health must include a healthy environment (including: clean air; minimising risks associated with radioactive radiation, asbestos hazards; food safety; preventing addiction to tobacco, alcohol, and other addictive substances), administering immunisations, health condition monitoring and accident prevention [27].…”

Section: Local and Regional Authorities' Responsibility For Ncdsmentioning

confidence: 99%

“…On the other hand, the requirement of the state's commitment to health education concerns both the individual and the whole community equally, both in private life, at work and in public life [28]. The ECSR commits to informing the public about health risks: nicotinism, alcoholism and other harmful substances for humans, which takes place through awareness raising campaigns [26,27].…”

Section: Local and Regional Authorities' Responsibility For Ncdsmentioning

confidence: 99%

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The role of local and regional authorities in prevention and control of NCDs: the case of Poland

Tabaszewski

2020

BMC Int Health Hum Rights

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Background: Freedom from noncommunicable diseases is a component of the human right to health. The obligation to reduce the pandemic of civilisation diseases should result from the provisions of the constitution, national law and local regulations. This means that representatives of local and regional communities also take responsibility for limiting the pandemic of civilisation diseases. Main body: The goal of this debate is to examine the effectiveness of the decentralised polish model for dividing the competences of preventing and combating non-communicable diseases into three levels: local, regional and central. The representatives of regional and local communities are responsible for encouraging the inhabitants of their communities to change their lifestyle: eating habits, increase physical activity, remain outdoors more frequently, reduce stimulants, and apply prevention, namely undergo regular medical checkups and provide the body with all the necessary nutrients. Limiting the proliferation of noncommunicable diseases also requires, in vertical terms, sound financial efforts on the part of local authorities. In the example of Poland, the claim about the effectiveness of the multi-level governance model which is presented in the literature will be verified. Conclusion: The excessive division of competences and the dispersion of resources between regional and local authorities may hamper the effective treatment and prevention of NCDs. A lack of cooperation between the central government, which carries out an independent policy on public health, and local authorities, which use only a portion of the public funds allocated to health, obstructs the debate on priorities at the societal level and does not encourage residents to take a stand on how to allocate extra funds.

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Section: Local and Regional Authorities' Responsibility For Ncdsmentioning

confidence: 99%

Section: Local and Regional Authorities' Responsibility For Ncdsmentioning

confidence: 99%

The role of local and regional authorities in prevention and control of NCDs: the case of Poland

Tabaszewski

2020

BMC Int Health Hum Rights

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The Horizontal Effect of Social Rights in the Light of the European Social Charter and the European Committee of Social Rights’ Case Law

Torres

2021

Fundamental Rights Challenges

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2021

Intergenerational Justice in Sustainable Development Treaty Implementation

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This white paper explores the potential application of the concept of the "common concern of humankind" as a framework for a new international legally binding instrument for the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction, currently being negotiated by States under the United Nations Convention on the Law of the Sea, as outlined in United Nations General Assembly Resolution 69/292. It reviews the history of the common concern of humankind concept, its relevance in international treaties and case law, and the potential legal and policy implications of the concept's use in a new marine biodiversity agreement.Although less examined than global principles such as the common heritage of mankind, the common concern of humankind concept has a significant history of use by the international community for global environmental issues. Environmental treaties throughout the 20th century referred to shared global problems using various phrases that foreshadow the common concern of humankind. By the end of the century, the Convention on Biological Diversity (1992) and the United Nations Framework Convention on Climate Change (1992) formally expressed the conservation of biological diversity and "change in the Earth's climate and its adverse effects" as common concerns of humankind, respectively. Most recently, the Paris Agreement (2015) again acknowledged climate change as a common concern.As States negotiate a new legal regime to govern the high seas, this paper suggests that reaffirming the conservation and sustainable use of marine biodiversity in ABNJ as a common concern of humankind-already acknowledged by Parties to the CBD-can emphasize certain key principles of interest to States, namely: intergenerational equity, international solidarity, shared decision making and accountability, and benefit and burden sharing through financial cooperation. Moreover, its use would forge a meaningful, logical, and necessary link between the new instrument, the CBD, and international efforts to combat climate change. This paper seeks to show that the current discussions around marine biodiversity in ABNJ present a unique opportunity for the international community to build on the successes of the recent climate change negotiations and reaffirm the critical value of marine biodiversity for humankind.

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European Committee of Social Rights: The right to a healthy environment

Cited by 9 publications

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The role of local and regional authorities in prevention and control of NCDs: the case of Poland

The role of local and regional authorities in prevention and control of NCDs: the case of Poland

The Horizontal Effect of Social Rights in the Light of the European Social Charter and the European Committee of Social Rights’ Case Law

Table of Authorities

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