Berna Maria-Beatrice
Biography
Human Rights Expert and Program Cordinator at ANAIS Association
Main Activities and Responsibilities: Human Rights Analysis
Type or Sector of Activity: Civil Society, Non-Governmental Organizations
Research Interest
Integrating Human Rights Into the Legal Developments on Oceans and Seas: A Promise to be Fulfilled
Abstract
In theory, international human rights law recognises a framework of rights and freedoms for individuals that remain in force constantly, regardless of whether we are referring to land or sea. Therefore, at first glance, there may be no substantial controversies at the intersection between international human rights law and the international law of the sea that would give rise to complex scientific debate. However, difficulties in connecting human rights and the marine environment persist and relate to at least two aspects. Firstly, there are the particularities of applying international human rights norms to issues related to the marine environment, such as ensuring the rights of vulnerable groups at sea and protecting and ensuring the exercise of solidarity rights that are unique to the maritime environment, like the right to underwater cultural heritage. Secondly, international human rights law is closely linked to developments impacting maritime ecosystems.
Rising sea and ocean levels, increased plastic pollution or the challenges of managing climate change have direct and proportional impacts on both the marine and human environment.
It is therefore necessary to understand the importance of dealing with issues related to the protection of human rights simultaneously with those regarding the protection of the seas and oceans, the commitments adopted by the member states of the international community being complementary in this regard. Thus, the 3 relevant international organizations: the United Nations, the Council of Europe and the European Union have reoriented their action in the field of the protection of the seas and oceans by articulating the importance of recognizing human rights as one of the most important pillars in achieving balanced development of the marine environment.
By itself, the marine environment is a living mechanism, being a conglomerate of systems brought together intrinsically while the individual is the central piece in the marine ecosystem and through his actions is constantly and directly influencing it (this premise is underpining if we acknowledge alone climate change and the rise of sea levels as man made troublesome in regard to martitime environment).
In addition, the important effects that developments in ICT technologies, robotics and artificial intelligence have on the balance between human action on the marine environment at a general level and human rights at an individual level must also be taken into account.
In this paper our scientific objective is to explore the role of the seas and oceans and to place it in the context of the study of the right to a healthy environment as a third generation right, taking as a reference the recent initiatives of international organizations in the field of human rights.
Keywords: human rights, seas and oceans, healthy environment, international organizations, multilateralism
