Chile: Supreme Court Hears Massive Air Pollution Case
April 11, 2019 6:10PM EDT
Human Rights Watch Brief Lays Out Rights Analysis
(Washington, DC) Chiles Supreme Court should consider international law and standards protecting human rights and the environment in its application of the right to a pollution-free environment guaranteed in Chiles national constitution, Human Rights Watch said yesterday in an amicus curiae brief. The international law firm Weil, Gotshal & Manges LLP, and the Cyrus R. Vance Center for International Justice of the New York City Bar Association, served as pro bono counsel for the amicus curiae brief filed in the Supreme Court of Chile.
In August and September 2018, two toxic air pollution incidents in Chiles coastal region, in Quintero and Puchuncaví, caused a public health crisis in which more than 300 people received medical assistance for symptoms of harm from toxic substances. The region has been the site of intensive industrial development over the last 50 years, hosting refineries, power plants, and factories. Given the extensive contamination from industrial activity in the region, it is commonly referred to as a sacrifice zone, including by Chiles National Human Rights Institute.
The right to a pollution-free environment means everyone should be able to breathe without landing in a hospital emergency room, said Marcos Orellana, environment director at Human Rights Watch. The government has a duty to protect peoples health from being sacrificed for the benefit of industrial facilities.
Human Rights Watch included in its brief an analysis of 16 framework principles developed by the United Nations special rapporteur on human rights and the environment. The brief argues that the court should regard these principles as highly relevant to the interpretation of the right to a pollution-free environment in Article 19(8) of the Chilean Constitution.
More:
https://www.hrw.org/news/2019/04/11/chile-supreme-court-hears-massive-air-pollution-case