The convention on access to information public

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The Convention on Access to Information, Public Participation in decision-making and Access toJustice in Environmental Matters (1998 Aarhus Convention) reiterates Principle 10 of the RioDeclaration cited above. An important feature that is unique to the Aarhus convention is theexplicit assertion of the interests of Non-Governmental Organizations (NGOs). NGOs areentitled to access to information, judicial remedies and the right to participate in environmentaldecision-making.1.6 Regional Human Rights InstrumentThe 1981 African Charter on Human and Peoples’ Rights is the only human right treaty thatproclaims environmental rights in broadly qualitative terms. It recognizes the right of people toenjoy the best attainable state of physical and mental health and their right to a generalsatisfactory environment favourable to their development. In the Ogonil and case the AfricanCommission on Human and Peoples’ Rights concluded that ‘an environment degraded bypollution and defaced by the destruction of all beauty and variety is as contrary to satisfactoryliving conditions and development as the breakdown of the fundamental ecologic equilibrium isharmful to physical and moral health’.14It further cited Article 24 of the African charter whichimposes a responsibility on the state to take up mechanisms for the prevention of pollution andenvironmental degradation in a bid to promote conservation and to secure ecologicallysustainable development and use of natural resources. The Commission’s final order, which isconsidered to be the most far-reaching of any environmental rights, called for a comprehensivecleanup of lands and rivers damaged by oil operations, the preparation of environmental andsocial impact assessments, and provision of information on health and environmental risks andmeaningful access to regulatory and decision-making bodies. This result offered a blueprint formerging environmental protection, economic development, and guarantees of human rights.1514Para. 51. See K.S.A. Ebeku, The right to a satisfactory environment and the African Commission(2003) 3 African Human Rights Law Journal 149 at 163; J.C. Nwobike, The African Commission onHuman and Peoples’ Rights and the Demystification of Second and Third Generation Rights under theAfrican Charter (2005) 1 African Journal of Legal Studies 129 at 139.15D.Shelton, Decision Regarding case 155/96 (2002) 96 AJIL 937, 942.11
1.7 National Implementation: National Legislation & Judicial Decisions1.7.1 The Right to LifeArticle 26 of the Constitution of Kenya about the right to life is one of the human rightsimplementation strategies.16This article provides that every person has the right to life whichbegins at conception. It further cautions against intentional deprivation of life outside writtenlaw. The most controversial part of this article is on abortion, where it is not permitted unlessauthorized by a trained health professional under emergency or health of the mother, or by

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