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Lozano Barragán and Others v. Presidency of the Republic of Colombia and Others

Colombia.  05 April 2018 .

Published online by Cambridge University Press:  01 June 2021

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Abstract

Human rights — Environmental rights — Deforestation of Colombian Amazon forest — Protection of human rights — Right to a healthy environment — Right to life — Right to health — Colombian action of protection (“acción de tutela”) of human rights — Whether appropriate mechanism for applicants to protect their rights — Climate change — Effects — International and national instruments for protection of environment — Whether Amazon an entity “subject of rights” — Whether defendants failing to protect applicants’ rights — Whether defendants violating Paris Agreement on Climate Change and Colombian Law 1753 of 2015

Jurisdiction — Human rights protection — Collective rights — Appropriate mechanism to protect applicants’ rights — Acción de tutela — Whether appropriate for protection of collective rights and interests — Whether protection of environment entailing safeguarding of supra-legal individual guarantees — Whether minors can bring claim without representation

Territory — Whether territories “subject of rights” — Human rights — Environmental rights — Deforestation of Colombian Amazon forest — Ecocentric anthropic society — Whether Amazon an entity “subject of rights”

Relationship of international law and municipal law — Treaties — Paris Agreement on Climate Change, 2015 — Other international instruments — International Covenant on Economic, Social and Cultural Rights, 1966 — Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques, 1976 — Protocol I additional to Geneva Conventions relating to the Protection of Victims of International Armed Conflicts, 1977 — 1972 Stockholm Declaration — United Nations Environment Programme — United Nations Conference on Environment and Development held in Rio de Janeiro, 1992 — United Nations Commission on Sustainable Development — Rio Declaration on Environment and Development — Principles for a Global Consensus on the Management, Conservation and Sustainable Development of All Types of Forests — Convention on Biological Diversity, 1992 — United Nations Framework Convention on Climate Change, 1992 — Colombian Law 1844 of 2017 approving Paris Agreement — Colombian Law 1753 of 2015 — Constitution of Colombia — Whether Colombia violating its obligations under international and national law — Whether defendants failing to protect applicants’ rights — Whether defendants violating Paris Agreement on Climate Change and Law 1753 of 2015

Human rights — Right to a healthy environment — Environmental rights — Action of protection (“acción de tutela”) in Colombia to protect human rights — Article 86 of Colombian Constitution — Popular action (“acción popular”) to protect human rights — Article 88 of Colombian Constitution — Right to life expectancy — Environmental protection — Right to enjoy a healthy environment, life and health — Relationship of environment and ecosystem with fundamental rights of life and health, and with human dignity — Fundamental rights to access water, breathe clean air and enjoy healthy environment — Right not to be sick due to environmental degradation — Right to fresh water — Right to environmental sanitation

Environment — Territory — Whether territories “subject of rights” — Prevalence of general interest — Duty to protect natural wealth of nation — Ecological function of private property — Natural parks as inalienable, imprescriptible and unattachable — Sustainable development — Collective rights and interests — Colombian Constitutional Court Judgment C-431 of 2000 — Amazon Cooperation Treaty, 1978 — Precautionary principle — Principle of intergenerational equity — Principle of solidarity — The law of Colombia

Type
Case Report
Copyright
© Cambridge University Press 2021

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