ICCPR框架下环境人权法理新发展——基于波蒂略案来文意见的分析

New Development of the Jurisprudence of Environmental Human Rights under the International Covenant on Civil and Political Rights:Analysis of Portillo Cáceres et al. v. Paraguay and Beyond

国际法层面环境人权的法理沿循"扩权型""程序型""创权型"三种路径演进。环境人权法理的不同演进路径之间有着紧密联系的规范基础。在《公民权利与政治权利国际公约》(ICCPR)框架下,环境人权主要表现为实体及程序人权在环境领域的扩展适用。在环境人权偏重"创权型"的发展过程中,ICCPR发挥的作用相对有限,这主要源于基本人权规范的时代局限及执行机构的保守性。联合国人权事务委员会在2019年Portillo Cáceres et al. v. Paraguay(波蒂略案)来文意见中一改以往对环境人权诉求的回避姿态,确认了环境保护与人权之间不可否认的规范联系,并第一次明确阐述了ICCPR框架下环境人权的法理。该案相对系统地揭示了环境保护与生命权、个人和家庭生活权之间的规范联系,这为ICCPR在环境人权法理演进过程中继续发挥作用奠定了初步基础。

"Environmental human rights" at the international level has largely evolved along three paths, namely, expansion of existing human rights,application of procedural environmental rights, and pursuit of an independent right to environment. Basically, these three types of environmental human rights have developed on different but closely related normative basis. Under ICCPR, the evolution of environmental human rights mainly shows as the extensive application of extant human rights, either substantive or procedural, into environment related issues. Basically, the right to environment has gained much momentum in the process. However, the fundamental human rights norms, of which ICCPR as an essential part, had played very limited role in human rights approach to environment protection due to, inter alia, absence of specific norms and entrenchment of institutional inertia. In the landmark case Portillo Cáceres et al. v. Paraguay, the United Nations Human Rights Committee changed its evasive attitude vis-a-vis environmental claims, instead, it confirmed the undeniable link between the environment and human rights. And for the first time, the Committee develops its jurisprudence of environmental human rights under ICCPR. The case expounded the normative connection between environmental protection and the right to life as well as the right to respect for private and family life, upon which ICCPR is expected to contribute more to the evolution of environmental human rights as a whole.