Human Rights As a Protection Mechanism for the Environment: Is It Possible to Include IACHR’s Advisory Opinion 23/17 in the Ecuadorian Legal System?
Year: 2019
Type: article
Abstract: The Inter-American Court of Human Rights, on November 15th of 2017, issued an Advisory Opinion on the environment and human rights. The relevance of this Opinion is reflected in the development made by the Court on state obligations in relation to the environment. The Court recognized the “undeniable relationship between the protection of the environment and the realization of other human rights.” In this virtue, this article seeks to scrutinize and synthesize the foundations of the Advisory Opinion. Finally, since advisory opinions are not binding nor obligatory for Ecuador (or any other state), this article develops an analysis on one possible solution (conventionality control) for the inclusion of the Advisory Opinion 23/17 in the Ecuadorian legal system.
Source: USFQ Law Review
Author: Josselyn Espinoza Bautista
Institution: Universidad San Francisco de Quito
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W2993624251