| Abstrakt: |
This paper attempts to transpose the theory of state fragility to the multifaceted ecological realities that can condition the state in the performance of its regalian functions, involving the protection of human rights. To a certain extent, some States find themselves obliged, in the face of ecological/climatic phenomena, to adopt measures under positive obligations that go beyond the formalities of normative effectiveness by incorporating the pragmatic specificities inherent in environmental protection: by taking account, for example, the principles of precaution and prevention. Illustrating the hypothesis of a less extreme ecological fragility for the State, the Torres Strait case evokes mitigation and adaptation measures as positive obligations under the International Covenant on Civil and Political Rights. As an experimental laboratory for the justiciability of human rights, the Human Rights Committee used this case to address the epistemological interactions involved in achieving two objectives that are, on the whole, complementary: safeguarding human rights by protecting the climate. In this respect, it justifies human rights violations through the absence of timely and adequate adaptation and mitigation measures. [ABSTRACT FROM AUTHOR] |
