Materialne prawo do środowiska a uprawnienia proceduralne według Konwencji z Aarhus – Cześć I
The substantive right to environment and the procedural environmental rights under the Aarhus Convention – Part I

Summary/Abstract: The current article provides Part I of the study which aims at examining the mutualrelations between substantive and procedural environmental rights against the backgroundof the typology of the substantive rights to the environment and challenges encounteredwhen designing the right to a healthy environment. Part I provides the background analy-sis in this respect. It presents the origins of the term “right to environment” and variousapproaches to its meaning, in particular differences between the “right to have access tonatural environment” and the “right to a healthy environment”. This is followed by presentingtwo possible approaches to the meaning of the term “right to a healthy environment” andtheir consequences. on this basis the article shows the three main methods of addressingconcerns regarding environmental quality within human rights system and the relationbetween anthropocentric and ecocentric approach. Following this, the article presents themain challenges encountered when creating “right to a healthy environment”, in particu-lar the issue of fitting this right into the existing system of protecting human rights andlimitations related to “greening” of other human rights. Finally the current article providesa short overview of the the development of the respective legal provisions regarding envi-ronmental rights, including both human rights and rights of nature. Part I is concludedwith some comments regarding the trend towards developing procedural environmentalrights and expectations towards the UneCe aarhus Convention and its role in protectingsubstantive environmental rights and participatory democracy – which is the link to PartII which addresses these issues in detail and concludes that access to justice provisionsunder the aarhus Convention neither provide sufficient means to protect environmentalrights nor – in light of the various conceptual roots of the Convention – should be treatedas having only such a role.

• Details
• Contents