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EN
The prevailing public perception of Luník IX, a Roma district in the Slovak city of Košice, is that it represents the story of an originally green urban space, one of the best for healthy living given its fresh air and proximity to the forest, that was destroyed by naïve decision-makers and irresponsible Roma. This article, based on a combination of qualitative sociological and historical research, questions this narrative and deems it a myth. The district’s proximity to a landfill and the consequent environmental effects of this played a decisive role in its ghettoisation, yet these factors have never been systematically analysed and discussed. Although Luník IX was not officially and originally designed as a ghetto, it became one as a result of structural, social, and environmental factors. Utilising the conceptual and theoretical framework of environmental justice, the article focuses on the spatial distribution of the adverse environmental effects in relation to social and ethnic factors. The case of Luník IX, with its roots in the period of a centrally planned economy, provides a unique opportunity to make a comparative study of the social processes from a historical perspective. It allows us to analyse the mechanism of decision-making in an avowedly non-capitalist society, where in reality we see many similarities in how income inequality between richer and poorer neighbourhoods, together with ethnic/racial factors, has shaped the city.
The Lawyer Quarterly
|
2019
|
vol. 9
|
issue 3
213-227
EN
Wildlife crime is one of main threats to biodiversity. It is often committed by organized criminal groups and generates them significant sums of money. Despite these facts, it remains underestimated by authorities that are responsible for enforcement of rules on environmental crimes. Efforts to adopt a common international legal framework within the Council of Europe have failed, also the EU’s Environmental Crime Directive is being implemented in a very limited way. On the basis of various studies, the article provides evaluation of this implementation, describes main shortcomings and indicates also several recommendations for further steps.
EN
The article presents the influence of unequal access to green space on human health, resulting in the formation of health inequalities. The work is based on the hypothesis that unequal access to green areas in the place of residence and leisure, largely determined by the level of income and the scope of implementation of sustainable development strategy by the state, contributes to deepening social health inequalities. The article analyses the attitude towards the impact of access to green space on health present in official documents and related researchIt also identifies a direct link between limited access to green space and social health inequalities. In the last part of the article, legal regulations concerning access to greenery in Poland are presented.
EN
The author’s motivation for undertaking this research was his own anxieties; anxieties arising from the global ecological and environmental emergency. The aim of my research was to determine young people’s awareness of the climate emergency and their agency (possible actions) related to remedying this phenomenon. In conducting the research, a mixed quantitative and qualitative strategy was used with an online survey, thus examining the opinions of the respondents. The text analyses the answers to questions eliciting opinions on the climate and environmental emergency (a term used in one of the European Parliament’s relevant resolutions), with particular regard to the possibility of stopping the aforementioned crisis. Respondents were primary and secondary pupils, and university students. Among the conclusions, the following should be singled out: 90.3% of respondents agree that we are dealing with an ecological and environmental emergency, but only 12.5% believe that we will stop the crisis, while 29.8% do not, and 57.7% do not know. Most importantly, the analysis of young people’s statements reveals the pessimistic nature of their opinions, revealing the fading hope of remedying the emergency. In combination with the literature review, this sends an alarming message about the need to act not only to deal with the crisis but also in the field of information addressed to all social groups. In summary, there is evident fear that predictions of disaster may turn out to be self-fulfilling prophecies (as defined by Robert K. Merton). The demonstrated ability of young people to influence politicians offers us a hope that we might prevent such a disaster. For such action to succeed, it needs to take place both inside and outside of schools and universities.
EN
The depreciation of values, combined with the expansion of agriculture, industry and the economy, results in the erosion of existing protection mechanisms, as well as commodification and dominance of economic factors. The increasing degradation of the natural environment reveals an increasing number of areas requiring urgent and coordinated protection. The aim of the article is to present the innovative concept of green courts, which are creating a new architecture of modern environmental law. In the considerations, it is indicated that ‘green’ courts at a national level open the way to formulate new legal institutions, facilitate more effective the enforcement of environmental law, and solve legal disputes with alternative adjudicative processes. The article discusses environmental justice based on the example of India and New Zealand, which are among the first countries in the world to have developed an innovative judicial structure and environmental case law. The dogmatic method plays an essential role in the analysis of legal norms concerning the protection of environment, as well as in determining their content and scope. The source materials originate from various legal orders, and diverse cultural and geographical regions. Therefore, in order to discuss the indicated issues, it is necessary to use the comparative method, and thus complete the arguments of a dogmatic and legal nature. In order to present the origins and evolution of law in the scope concerning ‘green’ courts, the historical and legal method is used (temporal retrospection). The considerations emphasize the role of specialist ‘green’ courts in maintaining a balance between the economy, the development of society, and protecting the environmental wellbeing by shifting the focus of jurisprudence to the environmental domain. The article highlights the role of the application and interpretation of environmental norms from an ethical and intergenerational perspective.
EN
Exposure of the Roma ethnic minority to social exclusion, segregation, and racial discrimination is well documented in the literature. How these tendencies are reflected in the access to environmental benefits and exposure to environmental risks in the majority and the minority populations is the subject of this article. Using a comparative evaluation and the concept of environmental justice the author analyses the social processes and factors that contribute to differentiated distribution of risks/benefits. Based on a survey of 30 randomly selected settlements and comparative case study analyses the author maps inequalities, identifies the location of a Roma settlement as a strong factor leading to various forms of environmental (in)justice, and subjects the settlement locations to an entitlement analysis (as developed by Amartya Sen). Particular attention is paid to defining and understanding entitlements and how they govern access to land and thus influence the living conditions and well-being of different individuals and groups. Entitlements and the entitlement-based control of resources are discussed here as a dynamic process, the different economic and social factors behind which are identified and analysed to deconstruct the processes that lead to environmental (in)justice. The article concludes with a description of trends and a discussion of the need to re-think our definitions and understanding of the role of entitlements in relation to the distribution of environmental benefits and risks.
EN
This article is concerned with the right to a future consistent with human dignity and the right to clean air. Environmental protection is one of the constituents of ecological security. Actions taken to ensure ecological security and protection of natural environment are multidimensional in character. They pertain to not only the duties of public authority but they also strongly affect the area of rights and liberties of an individual. The right to environment of adequate quality is a fundamental human right. Public authorities should strive to improve the present state of the environment and direct its subsequent development such that current as well as future generations can lead a dignified life. The right to clean air ought to be interpreted as a personal right resulting from constitutional values and rules.
PL
W artykule poruszona została kwestia prawa do godnej przyszłości i prawa do czystego środowiska. Ochrona środowiska jest jednym z elementów bezpieczeństwa ekologicznego. Działania służące zapewnieniu bezpieczeństwa ekologicznego oraz ochronie środowiska naturalnego mają charakter wielowymiarowy. Dotyczą nie tylko obowiązków władz publicznych, ale również silnie oddziałują na sferę praw i wolności jednostki. Prawo człowieka do środowiska o odpowiedniej jakości jest podstawowym prawem człowieka. Władze publiczne powinny dążyć do poprawy aktualnego stanu środowiska i programować jego dalszy rozwój tak, aby obecne i przyszłe pokolenia mogły wieść godne życie. Prawo do czystego powietrza należałoby interpretować jako dobro osobiste człowieka wynikające z wartości i zasad konstytucyjnych.
EN
The aim of this study is to provide a comprehensive view of ecocriticism, utilizing the metaphor of waves to depict its development and reflect on changes in its key concepts, milestones and methodological approaches. This relatively young, interdisciplinary discipline enhances literary research by seeking to understand the complex relationship between literature, nature and the environment. It transforms ways of reading literary texts by setting them in environmental contexts, addressing their ecological dimension, exploring and subverting dualism.
EN
This article presents the account of justice presented by Pope Francis in his encyclical Laudato Si'. It also shows the continuity of teaching successive popes in the context of linking social issues and environmental issues; extending the scope of the concept of justice for all creation; and presenting intergenerational character of justice. The study also shows Christian inspiration of eco-justice and compliance of justice approach presented in the encyclical to contemporary ecophilosophical works. It seems that the best term for the papal concept of justice is „integral eco-justice”.
PL
Artykuł ten ukazuje ujęcie sprawiedliwości zaprezentowane przez papieża Franciszka w encyklice Laudato Si'. Zwraca uwagę na ciągłość nauczania kolejnych papieży w kontekście łączenia kwestii społecznej i kwestii środowiskowej, rozszerzenia zakresu przedmiotowego koncepcji sprawiedliwości na całe stworzenie oraz ukazanie międzypokoleniowego wymiaru sprawiedliwości. Opracowanie to ukazuje ponadto chrześcijańskie inspiracje koncepcji ekosprawiedliwości oraz zgodność ujęcia sprawiedliwości przedstawionego w encyklice ze współczesną myślą ekofilozoficzną. Wydaje się, że najlepszym określeniem tej koncepcji jest „integralna ekosprawiedliwość”.
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