In Bolivia and Ecuador, the constitution grants the environment (“Pachamama”) rights under Bolivian and Ecuadorian law. Similarly, national laws in New Zealand give similar rights to specific rivers and national parks. Whereas in the Philippines, “future generations” have been recognised as having the right to a healthy environment.
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Mexico’s General Law of Administrative Responsibility establishes a legal framework that public servants must follow. This applies to all public officials. It contains administrative penalties for those public officials that are involved in corrupt activities such as money laundering, embezzlement and others. Administrative cases can be brought against public officials suspected of committing such offences. The expected […]
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The Kenyan Constitution contains a bill of rights which protects rights such as the right to life, freedom from slavery, the right to property, and the right to healthy environment. These rights can be enforced in Kenyan national courts.
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Despite occurring over 30 years ago, legal actions are still being pursued against Union Carbide for toxic gas leaks in India caused by their negligence. While some compensation has been awarded, this has been a long and exhausting process for victims.
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After hearing a claim brought by a Chilean environmental organisation, the Inter-American Court on Human Rights ruled the right to access information was itself a human right which the State was obligated to provide access to information in all but exceptional cases. This paved the way for greater transparency across the Americas.
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Facing restrictions on free speech and the imprisonment of government critics, the Ugandan Supreme Court upheld the constitutional right to freedom of expression. The court set out wide protections for the right to freedom of expression, preventing government from making further restrictions in the future, and ordered them to stop criminal prosecutions of political speech.
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In Nepal, following a successful case brought by victims’ families, the Supreme Court ordered the government to change its policy of refusing to investigate past practices of enforced disappearances and provide remedies to victims. It also ordered the government to establish a truth commission to investigate instances of enforced disappearance. This created legal reform which […]
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In the process of challenging the Nigerian government’s human rights abuses and complicity in environmental destruction in the Niger Delta, a diverse group of communities came together to exercise their voice and hold the government accountable before the African Commission on Human and People’s Rights. The case succeeded on putting the governments abuses on record, […]
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The complainants, two NGOs, raised the case against Kenya on behalf of the Enderois people following the forceful removal of the Enderois people from their ancestral lands surrounding lake Bogoria, Baringo, and Koiatek without consultation or compensation. The reason for this removal was to expand the Lake Hannington Game Reserve to increase revenue from tourism. […]
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After you have decided what court to bring a case in, you have to work out what procedural steps you need to take in order to bring a valid claim. Key steps often include: Notification: Letting the defendant know you intend to bring a claim; Filing your claim in court: Formally submitting your “claim form” and submissions […]
Going to court: Q and A
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