Razzaque, Jona --- "Human Rights to a Clean Environment: Procedural Rights" [2010] ELECD 602; in Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos (eds), "Research Handbook on International Environmental Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Environmental Law

Editor(s): Fitzmaurice, Malgosia; Ong, M. David; Merkouris, Panos

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847201249

Section: Chapter 14

Section Title: Human Rights to a Clean Environment: Procedural Rights

Author(s): Razzaque, Jona

Number of pages: 17

Extract:

14 Human rights to a clean environment: procedural
rights
Jona Razzaque



Introduction
This chapter aims to provide an overview of the development of procedural environmental
rights, and review the current interpretation, approaches and techniques of procedural rights
in international and national laws. Procedural rights deal with the process through which a
decision (administrative or judicial) is taken and typically encompass public consultation,
information provision and access to the courts (Ebbesson, 1997: 70­5). The core issues
involved are procedural fairness, allowing people to be part of the process, and community
empowerment, enabling people to take an active role in decisions affecting their lives.
Substantive and procedural rights are often connected: for example, a substantive right to a
clean environment usually requires procedural rights to be heard in decisions that might affect
those substantive rights (Ebbesson, 1997: 63­9). Access to information, public participation,
and access to justice improve the credibility, effectiveness, and accountability of govern-
mental decision-making processes (Petkova et al., 2002: 121­32). Involving people at the
early stage of the decision-making process creates greater trust in the process and decreases
the possibility of later conflict.
The right to participation allows people to be part of the decision-making process through
consultation and comments, and to have their opinions heard. Participation enables the partic-
ipating communities to hold public authorities accountable for implementation and improves
the efficiency and credibility to government processes. Commonly used participatory tools
include public hearings, notice and consultation, citizen ombudsmen and judicial review
...