Rights to life and to health

The human rights to life and to healthare protected in the UDHR, the ICCPR , and the ICESCR. Environmental rights are linked to the right to life, health, and to the State’s obligation to secure environmental protection. The right to the protection of life and health are guaranteed under the most important international legal instruments. One of the main purposes of the UDHR is to promote better standards of living and therefore protect this fundamental right pursuant to article 3[6]. In addition article 6 of the ICCPR protect by law, the inherent right to life[7]. On the other hand, the right of health and specifically the right of mental and physical health are protected in: art 25 UDHR; the ICCPR which protected public health, and articles 11 and 12 of the ICESCR[8]. But most important, article 12, 2 (b) connected the right to health with the improvement of the environment.

The right to life and the right to health, norms of jus cogens, are considered universally as fundamental and inalienable rights. They impose on the States duties related to the environment, in the form of omissions, since states shall restrain themselves from taking actions that lead to environmental degradation which puts at risk the life and health of people; as well in the form of action, given that the States shall ensure decent living conditions, implying at least access to clean water, a healthy atmosphere, and adequate food supplies[9].

The right to life is closely connected to other human rights. The right to an adequate standard of living (including adequate food, clothing, housing, and the continuous improvement of living conditions)[10] and the right not to be deprived of a means of subsistence[11] have been argued to be necessary components of the right to life, which are compromised where global warming leads to the destruction of people's ability to hunt, fish, gather, or undertake subsistence farming[12].The UN Commission on Human Rights has observed that the right ‘encompasses existence in human dignity with the minimum necessities of life’[13].

As stated by human rights scholar B.G. Ramcharan, “[T]hreats to the environment or serious environmental hazards may threaten the lives of large groups of people directly; the connection between the right to life and the environment is an obvious one”[14]. Due to increased risks of hurricanes, flooding, air pollution, vector-borne diseases, famine, and heat waves, climate change threatens the right to life of people all over the world[15].

From this point of view Rutasia had done everything required to enforce these rights Alfurna’s residents. The mere fact that Rutasia placed Alfurnans on its territory, thereby weakening the threat of life on the part of the environment, is proof of its good intentions and respect for human life.

Climate change also poses serious health consequences, such as “premature death, serious illness, and the spread of disease.” Furthermore, threats to the food supply, natural disasters, infectious diseases, sea-level rise, changes in precipitation patterns, and increased incidences of extreme weather events will impair the right to health[16].

Therefore, we can assume that disease and suicide that occurred while in Alfurnans placed at the Woeroma Centre were caused by abusing and poor living conditions or violation of the rules of hygiene. These cases could be the consequences of stress, climate change, feelings of loss of the previous place of residence, etc. So, it is impossible to say with precision what Rutasia violated the rights of the migrants to health.

Further proof of concern for life and health Alfurnyan is the fact of the relocation of residents in the Woeroma Centre. According the Compromise a small earthquake in the Bay of Singri caused cracking in the walls of both Blocks of the Woeroma Centre and it was found out that the walls contained asbestos. And following an assessment of resulting health risks, the Immigration Department moved the Nullatree Cove villagers from the Woeroma Centre to the Republic of Saydee. It should be noted that this was done only because of the fear for the lives of Alfurnans as well as asbestos is very harmful for health (the proof is the fact that it belongs to the first group of carcinogens[17] according to the classification of the World Health Organization and IARC).

Date: 2016-01-14; view: 733