THE RIGHT TO ENVIRONMENTAL DISCLOSURE REGARDING HAZARDOUS SUBSTANCES AND WASTE

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ZIDANI ABDELMOUTALEB

Abstract

Mismanagement of hazardous materials and waste, and exposure to them, have serious impacts on all human rights, especially the right to a healthy and safe environment, Therefore information is a crucial element in preventing human rights violations resulting from exposure to hazardous materials and waste. However, vital information related to hazardous materials and waste is often unavailable and difficult to obtain.


Information is a critical element for enjoying human rights and is essential for good governance. It is necessary to obtain information on hazardous materials to prevent risks, reduce harm, conduct research focusing on finding safer alternatives, provide treatment, ensure transparency, participation, and consensus in decision-making and policies.

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References

International Agreements:

Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters.

2- Decisions:

World Health Organization: Approaches To Hazardous Wastes Management, paper presented at WHO Regional Workshop on Chemical Safety, Kuala Lumpur, 24-28 November 1986.

Decision number A/HRC/RES/41/15, which includes the appointment of a special rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, 2020, available at the following link: http://undocs.org/A/HRC/RES/45/17

3- Official reports:

Report of the Special Rapporteur A/HRC/30/40, on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, July 08, 2015.

Report CCPR/C/GC/34 containing General Comment No. 34 by the Committee on Human Rights on freedom of opinion and expression, paragraph 19, Geneva, July 11-29, 2011.

Report of the United Nations Conference on Environment and Development, A/CONF.151/26/Rev.1, Rio de Janeiro, June 3-14, 1992, Volume I "Resolutions adopted by the Conference," United Nations, New York, 1993.

Report No. 5/2013 titled "Environment and human health" issued by the Joint Research Centre of the European Commission and the European Environment Agency, 2013.

Declaration on the Human Environment: Adopted by the UN Conference on the Human Environment, see U.N. General Assembly Resolutions no 2994/XXVII, 2995/UVII and 2996/XXIl, Stockholm, June 16, 1972.

4- Judicial rulings:

Ruling of the General Court (Second Chamber) issued on 8 October 2013, in the case of Stichting Greenpeace Nederland and Pesticide Action Network Europe PAN Europe v European Commission, case number T-545/11.

5- Articles:

Ahmed Khidhl, Zahira Kessi: "The trend towards green information technology", Al Ijtihad Journal for Legal and Economic Studies, Tamanghasset University, Volume 09, Issue 02, Algeria, 2019.

Fatima Zahra Kermouch, "Freedom of access to environmental information in international and Arab legislations", Msdakia Journal, Higher Military School of Information and Communication, Volume 01, Issue 01, Algeria, 2018.

Mohamed Bouat, "Environmental rights between substantive and procedural content", Academy Journal for Social and Human Studies, Hassiba Ben Bouali University of Chlef, Volume 09, Issue 02, Algeria, June 2017.

Mohamed Bouat, Rashid Ben Friha: "Hazardous waste and its impact on the enjoyment of human rights", Human Rights and Public Freedoms Journal, Ibn Badis University of Mostaganem, Volume 03, Issue 02, 2018.

6- Websites:

The official website of the United Nations, Office of the High Commissioner for Human Rights, Special Rapporteur on Toxics and Human Rights, available at the following link: https://www.ohchr.org/ar/special-procedures/sr-toxics-and-human-rights/about-mandate , accessed on 07-01-2025.