44
Human Rights Defenders concluded that the protection accorded to defenders “is not
dependent on whether the focus of the work of the defenders […] is on civil and political
rights or on economic, social and cultural rights.”191
148. Furthermore, in accordance with the case law of this Court192 and the European Court
of Human Rights,193 there is an undeniable link between the protection of the environment
and the enjoyment of other human rights. The ways in which the environmental degradation
and the adverse effects of the climate change have impaired the effective enjoyment of
human rights in the continent has been the subject of discussion by the General Assembly of
the Organization of American States194 and the United Nations.195 It should also be noted
that a considerable number of States Parties to the American Convention have adopted
constitutional provisions which expressly recognize the right to a healthy environment.196
and 103; Case of the Girls Yean and Bosico v. Dominican Republic. Preliminary Objections, Merits, Reparations, and
Costs. Judgment of September 8, 2005. Series C No. 130, paras. 142, 173 and 185; Case of Ximenes-Lopes v.
Brazil. Merits, Reparations and Costs. Judgment of July 4, 2006. Series C No. 149, paras. 89, 90, 99 and 104; Case
of the Sawhoyamaxa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of March 29,
2006. Series C No. 146, paras. 121, 164, 168 and 172; and García-Santa Cruz. Preliminary Objection, Merits,
Reparations, and Costs, supra note 183, paras. 144 and 146.
191
Cf. Report submitted by Ms. Hina Jilani, Special Representative of the Secretary-General on the situation of
human
rights
defenders.
A/HRC/4/37
January
24,
2007.
See
website:
http://daccessdds.un.org/doc/UNDOC/GEN/G07/104/20/PDF/G0710420.pdf
192
Particularly, in contentious cases and provisional measures regarding the rights of the members of
indigenous communities and the special relationship they have with the land. Cf. Matter of Pueblo indígena de
Sarayaku regarding Ecuador. Provisional Measures. Order of the Court of June 17, 2005, Considering clause No. 9;
Case of the Mayagna Community (Sumo) Awas Tingni. Judgment of August 31, 2001. Series C No. 79, paras. 144,
149. Case of the Yakye Axa Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of June
17, 2005. Series C No. 125, paras. 131, 137, and 141; Case of the Sawhoyamaxa Indigenous Community. Merits,
Reparations and Costs, supra note 190, paras. 118, 121 and 131; Case of the Saramaka People. v. Suriname.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 28, 2007. Series C No. 172, paras.
121, 122, 123, 126, 128 and 146.
193
Cf. European Court of Human Rights (ECHR), cases of Guerra and others v. Italy, (1998); Lopez Ostra v.
Spain, (1994), and Fadeyeva v. Russia (2005).
194
Cf. Resolutions OEA/Ser.P AG/RES. 1819 (XXXI-O/01) “Human Rights and the Environment,” approved at
the
third
plenary
session
held
on
June
5,
2001
(available
at:
http://www.oas.org/juridico/spanish/ag01/agres_1819.htm) AG/RES. 1896 (XXXII-O/02) “Human Rights and the
Environment in the Americas,” approved at the fourth plenary session held on June 4, 2002 (available at:
http://www.oas.org/juridico/spanish/ag02/agres_1896.htm); and AG/RES. 1926 (XXXII-O/03) “Human Rights and
the Environment in the Americas,” approved at the fourth plenary session held on June 10, 2003 (available at:
http://www.oas.org/juridico/spanish/ag03/agres_1926.htm); AG/RES. 2349 (XXXVII-O/07) “Water, Health and
Human Rights,” approved at the fourth plenary session held on June 5, 2007 (available at:
http://www.oas.org/dil/esp/AG-RES_2349_XXXVII-O07.doc), and AG/RES. 2429 (XXXVIII-O/08) “Human Rights
and Climate Change in the Americas,” approved at the fourth plenary session held on June 3, 2008 (available at:
http://www.oas.org/DIL/ESP/AGRES_2429.doc).
195
Cf. Resolution 2005/60 adopted by the United Nations Commission on Human Rights, entitled “Human
rights and the environment as part of sustainable development,” approved on April 10, 2005,
E/CN.4/2005/L.10/Add.17 (available at: http://ap.ohchr.org/documents/S/CHR/resolutions/E-CN_4-RES-200560.doc)
196
Cf. Constitution of the Argentine Republic, Article 41; Constitution of the Federative Republic of Brazil Art.
225; Constitution of the Republic of Chile, Art. 19(8); Constitution of the Republic of Colombia, Art. 79;
Constitution of the Republic of Ecuador, Art. 14; Constitution of Haiti, Arts. 253 and 254; Constitution of the United
Mexican States, Art. 4; Constitution of the Republic of Nicaragua, Art. 60; Constitution of the Republic of Panamá,
Arts. 118 to 121; Constitution of the Republic of Paraguay, Art. 7, Constitution of the Republic of Perú, Art. 2(22);
Constitution of the Bolivarian Republic of Venezuela, Art. 127.
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