The role of oversight bodies in Western human rights conventions in protecting the right to an appropriate environment

Authors

  • Dr. Nayef Ahmed Dahi College of Rights, Tikrit University, Salahaddin, Iraq
  • Prof. Lect. Ali Aday Murad . College of Rights, Tikrit University, Salahaddin, Iraq

Keywords:

- Regional oversight. - European Convention on Human Rights. - The American Convention on Human Rights.

Abstract

Abstract: Oversight bodies in Western human rights conventions play a prominent role in protecting human rights, including the right to an appropriate environment, due to the procedures they take and the powers they have in this regard to protect this right, especially if we know that some of these conventions have allowed individuals  And non-governmental organizations file complaints directly before regional courts, and some of them were limited to human rights committees, so we relied in our research on the two most important systems in the field of human rights monitoring in Western systems, which are the European system, which is considered a pioneer in this field, and the American system, which comes after it with effectiveness in  The issue of protecting human rights, including the right to an appropriate environment.

References

Reference:

Firstly: Arabic books

-Basil Nihad Mahmoud Al-Mughni, Humanization of the Environment The Human Right to a Clean Environment in Light of International Environmental Law, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, Egypt, 2023.

-Bogalam Youssef, Accountability for Environmental Crimes in International Law, 1st Edition, Center for Arab Studies for Publishing and Distribution, Cairo, Egypt, 2015.

-Abdul Aziz Muhammad Sarhan, Introduction to Studies on Human Rights Guarantees, a comparative study, in International Law and Islamic Sharia, Ain Shams University, Cairo, 1988.

-Abdul Karim Alwan Khudair, Mediator in Public International Law, Book Three: Human Rights, 4th Edition, Dar Al Thaqafa for Publishing and Distribution, Amman, Jordan, 2011.

-Muhammad Amin Al-Maidani, Studies in the Regional Protection of Human Rights, 1st Edition, Human Rights Information and Training Center, Yemen, 2006.

-Muhammad Sami Abdel Hamid, The Law of International Organizations, Book Two: Regional Organizations of General Orientation, 1st edition, Manshaat al-Ma'arif, Alexandria, Egypt, 1969.

-Muhammad Youssef Alwan and Muhammad Khalil Al-Mousa, International Human Rights Law, Protected Rights, Part 2, Part 1, House of Culture for Publishing and Distribution, Amman, Jordan, 2007.

-Hadi Naeem Al-Maliki, Introduction to the Study of International Human Rights Law, 2nd edition, Al-Sanhouri Library, Baghdad, 2011.

Journals

-Musa Mustafa Shehadeh, The right to obtain information in the field of the environment is one of the basic rights, Journal of Sharia and Law, p. 30, April 2007.

-Wes Nawal, Mechanisms for the Protection of Human Rights within the Framework of the Council of Europe, Journal of Legal Studies, Volume, Part 2, Saida University, Algeria, 2017.

Theses and university dissertations

-Bouhamla Kawthar, The Role of the European Court of Human Rights in the Development of European Human Rights Law, Master Thesis, Faculty of Law, University of Algiers Ben Youssef Ben Khadda, Ben Aknoun, Algeria, 2010.

-Radwan Ahmed Alhaf, The Right to a Safe Environment in Public International Law, PhD thesis, Cairo University, Egypt, 1998.

-Memash Salah El-Din, European Human Rights Law between Theory and Practice, Master Thesis, Faculty of Law, Algeria, 2006-2007.

International charters and agreements

European Convention on Human Rights of 1950

The American Convention on Human Rights of 1969

Fifth: Internet sites

-Parliamentary Assembly Resolution 2369 (2021) on the Parliamentary Assembly website at the following link:

https://pace.con.int/files/29499/pdf (Last visit 1/1/2023)

-Parliamentary Assembly Recommendation No. 2211 (2021), the official website of the Parliamentary Assembly

Change the following electronic link: https://pnce.com.int/rles/2950/par (Last visit date 1/1/2023)

-Deputies of Ministers Decision in Session 1416 on November 3, 2021, the website of the Committee of Ministers, via the link The following email: https://search.coe.int/cm/pages/result_details.aspx?objctid=090001a457

(Last visit date 1/1/2023(

International documents and reports

-Human Rights Commission Fifty-first session Human rights and peoples Indigenous peoples and their relationship to the land "The second progress report on the working paper prepared by Ms. Ebrika Irene Addis, Special Rapporteur, document 2 /1999/18.E/CN.4/Sub

-Report of the Secretary-General entitled Science and the environment Human rights and the environment as part of sustainable development submitted to the Commission on Human Rights Official Records of the Economic and Social Council Document 4/2005/96.E/CN, dated 19 January 2nd 2005.

-Report of the Office of the United Nations High Commissioner for Human Rights on the relationship between climate change and human rights, dated January 15, 2009, Document 10/61/A/HRC

-John H. Knox, Report of the Independent Expert on the Question of Human Rights Obligations Relating to Enjoyment A safe, clean, healthy and sustainable environment, compilation of good practices, Human Rights Council twenty-eighth session, agenda item 3, promotion and protection of all Human civil, political, economic, social and cultural rights, including the right to development. United Nations General Assembly, Document (A/HRC/28/61), 2015.

-H John H. Knox, Question of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, General Assembly Seventy-third session, Item 74 (b) Preliminary list Promotion and protection of human rights Human rights issues, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, Doc. 73 /188/A,

-July 19, 2018 Draft guide by the Human Rights and Environment Drafting Committee of the Human Rights Steering Committee of the Council of Europe, and the committee issued it in document (02 (2021) CDDH-ENV), and later the Council of Europe issued this guide within its official publications.

Published

2024-02-12

How to Cite

Dr. Nayef Ahmed Dahi, & ., P. L. A. A. M. (2024). The role of oversight bodies in Western human rights conventions in protecting the right to an appropriate environment. TIKRIT UNIVERSITY JOURNAL FOR RIGHTS, 8(1), 114–136. Retrieved from https://tujr.tu.edu.iq/index.php/home/article/view/193