The Right to an Environment Free from Toxic Pollution & State Obligations to Eradicate Asbestos—Now is the time
(2019) JAMM07 20191Department of Law
Faculty of Law
- Abstract
- Asbestos mining and production manufacturing infringes on the right to live free from toxic pollution. Though as this right is not yet formally codified, this thesis will make a case for its recognition and concurrently push for a global ban of this fibrous set of naturally occurring minerals that are extremely hazardous to the human body. Highlighting the grave harms of asbestos as a benchmark throughout, this thesis dissects the components that make up the right to live free from toxic pollution: the right to life, right to the highest attainable standard of health, right to an adequate standard of living, environmental procedural rights and the principles of non- discrimination and equality. Further bolstered by the United Nations Human... (More)
- Asbestos mining and production manufacturing infringes on the right to live free from toxic pollution. Though as this right is not yet formally codified, this thesis will make a case for its recognition and concurrently push for a global ban of this fibrous set of naturally occurring minerals that are extremely hazardous to the human body. Highlighting the grave harms of asbestos as a benchmark throughout, this thesis dissects the components that make up the right to live free from toxic pollution: the right to life, right to the highest attainable standard of health, right to an adequate standard of living, environmental procedural rights and the principles of non- discrimination and equality. Further bolstered by the United Nations Human Rights Council affirmation that hazardous industrial substances may constitute a serious threat to the full enjoyment of human rights and several other accompanying international human rights legal instruments, this paper will additionally discuss the array of obligations vested in States to realize the right to live free from toxic pollution under the tripartite framework: respect, protect, fulfil. As the World Health Organization has affirmed that all types of asbestos cause cancer in humans, it is accordingly illegal to extract, manufacture and/or import asbestos presently in 66 countries as of May 2019. Asbestos is still present in the world market, however, in nations with laxer laws dominated by industry conglomerates justifying its use based on an alleged lack of sufficient scientific research and State resources to follow through with a total prohibition. In light of the continued commercial exploitation of asbestos despite clear evidence of its damaging impact on human health, this thesis addresses these defenses and nonetheless calls on all States to ban
asbestos under human rights obligations to all individuals within their jurisdiction. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/8997155
- author
- Heefner, Colette LU
- supervisor
- organization
- course
- JAMM07 20191
- year
- 2019
- type
- H2 - Master's Degree (Two Years)
- subject
- keywords
- international human rights law, state obligations, toxic pollution, asbestos
- language
- English
- id
- 8997155
- date added to LUP
- 2019-10-30 14:49:26
- date last changed
- 2019-10-30 14:49:26
@misc{8997155,
abstract = {{Asbestos mining and production manufacturing infringes on the right to live free from toxic pollution. Though as this right is not yet formally codified, this thesis will make a case for its recognition and concurrently push for a global ban of this fibrous set of naturally occurring minerals that are extremely hazardous to the human body. Highlighting the grave harms of asbestos as a benchmark throughout, this thesis dissects the components that make up the right to live free from toxic pollution: the right to life, right to the highest attainable standard of health, right to an adequate standard of living, environmental procedural rights and the principles of non- discrimination and equality. Further bolstered by the United Nations Human Rights Council affirmation that hazardous industrial substances may constitute a serious threat to the full enjoyment of human rights and several other accompanying international human rights legal instruments, this paper will additionally discuss the array of obligations vested in States to realize the right to live free from toxic pollution under the tripartite framework: respect, protect, fulfil. As the World Health Organization has affirmed that all types of asbestos cause cancer in humans, it is accordingly illegal to extract, manufacture and/or import asbestos presently in 66 countries as of May 2019. Asbestos is still present in the world market, however, in nations with laxer laws dominated by industry conglomerates justifying its use based on an alleged lack of sufficient scientific research and State resources to follow through with a total prohibition. In light of the continued commercial exploitation of asbestos despite clear evidence of its damaging impact on human health, this thesis addresses these defenses and nonetheless calls on all States to ban
asbestos under human rights obligations to all individuals within their jurisdiction.}},
author = {{Heefner, Colette}},
language = {{eng}},
note = {{Student Paper}},
title = {{The Right to an Environment Free from Toxic Pollution & State Obligations to Eradicate Asbestos—Now is the time}},
year = {{2019}},
}