Right to public participation

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The right to public participation is a human right enshrined by some international and national legal systems that protects public participation in certain decision making processes. Article 21 of the Universal Declaration of Human Rights states the right of every person to participate in the affairs of his country, either directly or by selecting representatives. [1] Likewise, the right to political participation means the right under which the ruling authority is committed to providing rights to citizens, including the right to nominate and elect representatives, to hold public office in accordance with the principle of equal opportunities, to participate in private and public meetings, and the right to form and join political parties. [2] [3] Articles 20 and 27 of the International Covenant on Civil and Political Rights make a similar declaration about the right to participate in the management of public affairs. [4]

Contents

In some jurisdictions, the right to public participation is enshrined by law. The right to public participation may also be conceived of as human right, or as manifestation of the right to freedom of association and freedom of assembly. As such the Netherlands, Germany, Denmark and Sweden, have public participation and freedom of information provisions in their legal systems since before the Middle Ages. [5] Democracy and public participation are closely connected democratic societies have incorporated public participation rights into their laws for centuries. For example, in the US the right to petition has been part of the First Amendment of the US constitution since 1791. [5] More recently, since the 1970s in New Zealand numerous laws (e.g.: health, local government, environmental management) require government officials to "consult" those affected by a matter and take their views into consideration when making decisions.

Effective public participation depends on the public having accessing to accurate and comprehensive information. Hence laws regarding public participation often deal with the issue of the right to know, access of information and freedom of information. [5] The right to participation may also be advanced in the context of equality and group rights, meant to ensure equal and full participation of a designated group in society. For example, in the context of disabled people.

In specific domains

Several different sub-areas of human rights law include a heavier

Rio Declaration on Environment and Development

The Rio Declaration of 1992 enshrines public participation in its 27 principles. Principle 10 states that "environmental issues are best handled with participation of all concerned citizens, at the relevant level". The Rio Declaration continues, drawing a close link between access to information and public participation:

At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided. [6]

Convention on the Rights of Persons with Disabilities

The 2006 Convention on the Rights of Persons with Disabilities recognised that "disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others" and that "persons with disabilities continue to face barriers in their participation as equal members of society."

The Convention makes participation of disabled one of its principles, stating "The principles of the present Convention shall be:...Full and effective participation and inclusion in society;" subsequently enshrining the right of disabled to participate fully and equally in the community, education, all aspect of life (in the context of habilitation and rehabilitation), political and public life, cultural life, leisure, and sports. [7]

See also

Related Research Articles

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<span class="mw-page-title-main">Freedom of information</span> Freedom of a person or people to publish and consume information

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The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on 25 June 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001. As of March 2014, it had 47 parties—46 states and the European Union. All of the ratifying states are in Europe and Central Asia. The EU has begun applying Aarhus-type principles in its legislation, notably the Water Framework Directive. Liechtenstein and Monaco have signed the convention but have not ratified it.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

<span class="mw-page-title-main">Right to health</span> Human right towards individual health

The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.

The right to property, or the right to own property, is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons and where it is used for production rather than consumption. The Fourth Amendment to the United States Constitution is credited as a significant precedent for the legal protection of individual property rights.

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<span class="mw-page-title-main">Right to education</span> Human right

The right to education has been recognized as a human right in a number of international conventions, including the International Covenant on Economic, Social and Cultural Rights which recognizes a right to free, primary education for all, an obligation to develop secondary education accessible to all with the progressive introduction of free secondary education, as well as an obligation to develop equitable access to higher education, ideally by the progressive introduction of free higher education. In 2021, 171 states were parties to the Covenant.

Public participation, also known as citizen participation or patient and public involvement, is the inclusion of the public in the activities of any organization or project. Public participation is similar to but more inclusive than stakeholder engagement.

<span class="mw-page-title-main">Convention on the Rights of Persons with Disabilities</span> Treaty of the United Nations

The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.

The Beijing Declaration was a resolution adopted by the UN at the end of the Fourth World Conference on Women on 15 September 1995. The resolution adopted to promulgate a set of principles concerning the equality of men and women.

The right to freedom from discrimination is internationally recognised as a human right and enshrines the principle of egalitarianism. The right to freedom from discrimination is recognised in the Universal Declaration of Human Rights and enshrined in international human rights law through its inclusion in the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

The Declaration of Human Duties and Responsibilities (DHDR) was written for reinforcing the implementation of human rights under the auspices of the UNESCO and the interest of the Office of the United Nations High Commissioner for Human Rights and was proclaimed in 1998 "to commemorate the 50th anniversary of the Universal Declaration of Human Rights (UDHR)" in the city of Valencia. Therefore, it is also known as the Valencia Declaration.

Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.

Council for Canadians with Disabilities (CCD), formerly known as the Coalition of Provincial Organizations of the Handicapped (COPOH), was created by people with disabilities in 1976 to provide support for all people with disabilities who seek the opportunity to go to school, work, volunteer, have a family, and participate in recreational, sport and cultural activities. The CCD is a national human rights organization of people with disabilities working for an accessible and inclusive Canada. In the 1970s, the CCD became a permanent part of the disability rights movement and it became a fluid entity that includes people with a range of different disabilities. To manage the work that will lead to the achievement of this goal, CCD established the following Committees to guide their activities in key areas:

  1. Human Rights Committee: Identifies Human Rights Committee issues of concern to persons with disabilities that could be addressed through law reform initiatives.
  2. Social Policy Committee: Identifies Social Policy Committee issues of national concern to persons with disabilities.
  3. Transportation Committee
  4. International Development Committee: Provides advice to CCD National Council on reforms that would improve the effect of Canada's foreign aid and policy on persons with disabilities.
  5. Access to Technology Committee.

In Japan, a person with a disability is defined as: "a person whose daily life or life in society is substantially limited over the long term due to a physical disability or mental disability". Japan ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on 20 January 2014.

Disability rights are not specifically addressed by legislation in New Zealand. Instead, disability rights are addressed through human rights legislation. Human rights in New Zealand are protected by the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. New Zealand also signed and ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in 2008.

<span class="mw-page-title-main">Access to public information in Europe</span> Public access to information maintained by government agencies in Europe

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Malta is a democratic republic whose human rights are constitutionally defined. Human rights concern the expression and treatment of other citizens, panning areas including religion, expression, and labour. The constitution acts as an impartial determinant in civil matters, including human rights issues. The Maltese ombudsmen are authorised to investigate disputes which infract the laws as determined by the constitution. Several organisations and NGOs have been established with the aim of creating awareness and calling for change around certain freedoms and rights within Malta. The constitution contains similar freedoms to that of other European nations and to aims to reach the standards as established by The Universal Declaration of Human Rights (UDHR).

The Global Pact for the Environment project was launched in 2017 by a network of experts known as the "International Group of Experts for the Pact" (IGEP). The group is made up of more than a hundred legal experts in environmental law and is chaired by former COP21 President Laurent Fabius.

References

  1. ↑ "What is Public Participation?". EUKN.
  2. ↑ US EPA, OITA (February 24, 2014). "Public Participation Guide: Introduction to Public Participation". US EPA.
  3. ↑ Fluker, Shaun (June 30, 2015). "The Right to Public Participation in Resources and Environmental Decision-Making in Alberta". Alberta Law Review. 52 (3): 567. doi: 10.29173/alr24 .
  4. ↑ "مفوضية الأمم المتحدة السامية لحقوق الإنسان | العهد الدولي الخاص بالحقوق الاقتصادية والاجتماعية والثقافية". www.ohchr.org.
  5. 1 2 3 "Public participation legislation - Coastal Wiki". Encora.eu. Retrieved 2012-08-06.
  6. ↑ "Rio Declaration - Rio Declaration on Environment and Development - United Nations Environment Programme". UNEP. Retrieved 2012-08-06.
  7. ↑ "Convention on the Rights of Persons with Disabilities". Un.org. 2007-03-30. Retrieved 2012-08-06.
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