Children and the Environment

Pathways to Legal Protection

Series: 

Children and the Environment offers a unique perspective on the legal protection of children from environmental degradation, a global topic of increasing significance. An original in recent literature, the book calls for viewing children as central in environmental decision-making and presents law and policy proposals, based on current international and regional trends, on topics such as human rights, climate change and the protection from toxics. Drawn from the author’s extensive research and practical experience, it will appeal to policy makers, academics, youth activists, and all involved in giving children a healthier and more sustainable environment.
Copyright Year:
2022
E-Book (PDF)
Availability:
Published
ISBN:
978-90-04-53008-9
Publication:
28 Nov 2022
Hardback
Availability:
Published
ISBN:
978-90-04-50979-5
Publication:
01 Dec 2022
Cover Children and the Environment

Prices from (excl. shipping):

€173.02€164.00 excl. VAT
Add to Cart
Angeliki Papantoniou, (1982) Queen Mary University London, is the Course Convenor of QMUL LL.M. International Law of the Sea and Climate Change Law. She has published in the areas of international environmental law and human rights.
Preface

Acknowledgments

Introduction

 1 Children’s Particular Vulnerability to Environmental Threats

 2 Known and Emerging Environmental Threats to Children’s Health
 2.1 Traditional Environmental Threats

 2.2 Emerging Threats

 2.3 Poverty

 2.4 Overlapping Environmental Threats


 3 The Response of Science

 4 The Response of International Organisations and Institutions

 5 Binding Obligations in International Law

 6 Book’s Scope and Limitations

Part 1
Vulnerability
1 Children’s Universal Vulnerability against Environmental Degradation Prioritising Children’s Needs in Environmental Related Policy and Law
 1 Introduction
 1.1 Going beyond a Uniform Definition of Vulnerability in International Law


 2 Vulnerability in Legal Theory
 2.1 Martha AlbertsonFineman’s Universal Vulnerability Theory

 2.2 Vulnerability and the Justification for Children’s Rights

 2.3 Ontological Vulnerability-Linking Human Rights and the Environment

 2.4 Conclusions from Theory


 3 Vulnerability in Climate Change Adaptation, the Inevitable Factor
 3.1 Children


 4 Vulnerability in Natural Disasters and Poverty

 5 Endorsing Children’s Universal Vulnerability against Environmental Threats: The Underlying Condition for Pathways to Protection


2 Affirming Children’s Universal Vulnerability in Environmental Matters, the Paradigm of Youth Climate Change Action
 1 Introduction

 2 Intergenerational Equity and Climate Change Litigation-Preliminary Remarks

 3 Intergenerational Equity and Children’s Rights in Climate Change National Case-Law

 4 Equality and Vulnerability: Putting Children’s Claims at the Heart of Climate Change Policy and Law

 5 United Nations and Children in Climate Change Negotiations

 6 Pathways to Legal Protection, Climate Change Youth Action


Part 2
Rights
3 Children’s Rights and the Environment
 1 Introduction

 2 Children’s Rights and the Environment
 2.1 The United Nations Convention on the Rights of the Child

 2.2 Business and Children’s Rights


 3 Extra-Territorial Jurisdiction
 3.1 The Advisory Opinion on Human Rights and the Environment

 3.2 The EU Draft Directive on Human Rights and Environmental Due Diligence


 4 Towards the Recognition of a Right to Healthy Environment in International Law
 4.1 Global Recognition of a Right to a Healthy Environment


 5 The Right of the Child to Participate in Environmental Matters
 5.1 uncrc Article 12

 5.2 Procedural Environmental Rights


 6 Pathways to Children’ Protection, Children’s Rights and the Environment


4 The Right to the Highest Attainable Standard of Health of the Child
 1 Introduction

 2 Why Start with the Right to the Highest Attainable Standard of Health

 3 The Right to Health in International Law, Scope and Application to Environmental Degradation

 4 The Definition of Health

 5 Applicable Principles and Standards for the Realisation of the Child’s Right to Health Under the uncrc

 6 The Criteria of Availability, Accessibility, Acceptability and Quality

 7 The Obligation to Protect, Respect and Fulfil

 8 The ‘Action Cycle’ for the Realisation of the Right

 9 Building Capacities for the Realisation of the Right to Health of the Child in Environmental Matters

 10 Pathways to Children’s Protection, Right to Health


Part 3
European Union
 The EU’s Commitment to Protect Children’s Environmental Health
 1 The EU’s Commitment to Protecting Children’s Rights and Environmental Health

 2 Charter on the Fundamental Rights of the European Union and the Treaty of the Functioning of the European Union


5 Chemicals
 1 Introduction

 2 Reach
 2.1 General Considerations

 2.2 Reach Procedure: Registration, Evaluation, Authorisation

 2.3 The Role of Information in reach

 2.4 Evaluation of reach in Addressing Children’s Particular Vulnerability to Chemicals


 3 The Regulation of Pesticides and Biocides in the EU
 3.1 Pesticides

 3.2 Biocides

 3.3 Evaluation of Pesticides and Biocides Regulations


 4 Toys and Other Consumer Products

 5 Overall Evaluation

 6 Pathways to Children’s Protection, Chemicals


6 Clean Air
 1 Air Quality Directive

 2 Industrial Emissions

 3 Overall Evaluation

 4 Pathways to Children’s Protection Clean Air


7 Waste Management
 1 EU Waste Framework Directive
 1.1 Definition of ‘Waste’

 1.2 Hazardous Waste

 1.3 Waste Hierarchy

 1.4 Waste Management and Its Costs

 1.5 Waste Management Plans

 1.6 fwd Protecting Children’s Health


 2 Shipment of Waste

 3 Ship Recycling

 4 Landfills
 4.1 ‘Landfill’

 4.2 National Strategy


 5 Pathways to Children’s Protection, Waste Management


8 Environmental Assessments Environmental Impact Assessment and Strategic Environmental Assessment
 1 Introduction

 2 Brief Description of Environmental Assessments
 2.1 Environmental Impact Assessment

 2.2 Strategic Environmental Assessment

 2.3 Environmental Assessments’ Structure


 3 The Environmental Impact Assessment Directive
 3.1 Directive’s Provisions

 3.2 Protection of Children’s Health

 3.3 Overall Evaluation


 4 The Strategic Environmental Assessment Directive
 4.1 Directive’s Provisions


 5 The Human Rights Critique on the eia and sea Processes

 6 Pathways to Children’s Protection, Environmental Assessments


  Children and the Environment, Pathways to Legal Protection Conclusion Parts i, ii and iii


Bibliography

List of Cases

Index

Policy makers, academics, students
  • Collapse
  • Expand
Publisher:
Brill | Nijhoff
Language:
English
Pages:
xii, 266 pp.
DOI:
https://doi.org/10.1163/9789004530089

Manufacturer information:
Koninklijke Brill B.V. 
Plantijnstraat 2
2321 JC
Leiden / The Netherlands
productsafety@degruyterbrill.com