Human rights and environmental wrongs : achieving environmental justice through human rights law

The numerous interconnections between the environment and human rights are well established internationally. It is understood that environmental issues such as pollution, deforestation or the misuse of resources can impact on individuals’ and communities’enjoyment of fundamental rights, including the right to health, the right to an adequate standard of living, the right to self‐determination and the right to life itself. These are rights which are guaranteed under international human rights law and in relation to which governments bear certain responsibilities. Further, environmental issues can also impact on governments’ capacity to protect and fulfil the rights of their citizens. In this way human rights and environmental protection can be constructed as being mutually supportive. In addition to these links between the environment and human rights, human rights principles arguably offer a framework for identifying and addressing environmental injustice. The justice implications of environmental problems are well documented and there are many examples where pollution, deforestation or other degradation disproportionately impact upon poorer neighbourhoods or areas populated by minority groups. On the international level, environmental injustice exists between developed and developing States, as well as between present and future generations who will inherit the environmental problems we are creating today. This paper investigates the role of human rights principles, laws and mechanisms in addressing these instances of environmental injustice and argues that the framework of human rights norms provides an approach to environmental governance which can help to minimise injustice and promote the interests of those groups which are most adversely affected. Further, it suggests that the human rights enforcement mechanisms which exist at international law could be utilised to lend weight to claims for more equitable environmental policies.

Yet to be known

TBA: Triptych: Digital Print, PVC Text, Acrylic Sheet Total Size: 252cm x 119cm---------- The work employs text based representations of indigenous plants (3500 species names) and quotations from an eminent botanist. This information is spatialised to represent the geographic area within which the plants where recorded (by others-Gov’t database).---------- The work was exhibited at Eyes wide open (curators K Bradby and A Brandenberg) which was held at Gorepani Gallery, Albany WA to coincide with the first national screening on SBS Television of the Western Australian documentary A Million Acres a Year (Rijavec, F, Harrison, N & Bradby K (directors), Snakewood Films & Film Australia, c2003).

Many Mount Barrens

Cibachrome photographic prints, Digital print, Acrylic Sheet , wire & card.--------- Total size: 170cm x 119cm x 15cm---------- The work employs a terrestrial photography and cartographic technique to represent a diversity of landscape types surrounding West Mt Barren in Western Australia. Sixteen views of West Mt Barren were captured over a two week period from map grid coordinates in the surround landscape. These images are configured in Many Mount Barrens in a manner which corresponds to the position from which they were recorded.---------- The work was exhibited at Eyes wide open (curators K Bradby and A Brandenberg) which was held at Gorepani Gallery, Albany WA to coincide with the first national screening on SBS Television of the Western Australian documentary A Million Acres a Year (Rijavec, F, Harrison, N & Bradby K (directors), Snakewood Films & Film Australia, c2003).

Sandplain

Triptych: Digital print, Acrylic Sheet--------- Total size: 252 cm x 119cm---------- The work employs text based representations of agricultural plants (26 species names). This information is spatialised to represent the geographic area within which the plant species are harvested.---------- The work was exhibited at Eyes wide open (curators K Bradby and A Brandenberg) which was held at Gorepani Gallery, Albany WA to coincide with the first national screening on SBS Television of the Western Australian documentary A Million Acres a Year (Rijavec, F, Harrison, N & Bradby K (directors), Snakewood Films & Film Australia, c2003).

Blackcloud

The work was derived from terrestrial laser scan data of a bio-diverse landscape on the SE coast of Western Australia. The digital three dimensional scan data has been converged and then a portion of that computer aided design (CAD) file has been captured via ‘screen capture’ to produce Blackcloud.---------- The primary intention behind the production of the work was to expand understanding on the means of representing and then designing for sites in ‘kwongan’ landscapes which are constituted by highly biodiverse, bushfire prone heath vegetation.

Before and after the fire

The work was derived from terrestrial laser scan data of a bio-diverse landscape on the SE coast of Western Australia. The scanning was conducted both before and after a significant bushfire event. The digital three dimensional scan data has been converged and then abstracted into a two dimensional vertical sections or slice which reveals the vegetal surface of heath vegetation and the surface of the landform.---------- This abstraction converts the complex data into spatial information so that it is meaningful in the context the architectural and landscape architectural design process. The primary intention behind the production of the work was to expand understanding on the means of representing and then designing for sites in ‘kwongan’ landscapes which are constituted by highly biodiverse, bushfire prone heath vegetation.

Heathsections

The work was derived from terrestrial laser scan data of a bio-diverse landscape on the SE coast of Western Australia. The three dimensional scan data has been abstracted into two dimensional side sections or slices – in a manner which converts the complex data into spatial information which is meaningful in the context of the act of architectural and landscape architectural design. The primary intention behind the production of the work was to expand understanding on the means of representation of ‘kwongan’ landscapes which are constituted by highly biodiverse - and thus difficult to measure - heath vegetation.

Windscape

Windscape is a graphic work produced from information gathered in the field by the author. A number of measurement methods were employed including: Real Tine Kinematic Global Positioning System survey (RTKGPS), still photography, plant distribution studies and handheld GPS survey. This creative work is one outcome of the author’s research into a design methodology wherein the designer conducts their own measurements and then produces their own maps of sites. Windscape is a test of the hypothesis that such maps have greater relevance to the design process due to the manner in which they are created (site based research) and the information they depict, namely the relationships between landscape processes and structures.

Botanical matrix

Botanical matrix is a graphic map produced via a process involving an initial site installation (350 m contour transect), a botanical survey and photographic documentation of species. The site is a housing subdivision at Point Henry, on the SE coast of Western Australia which is a landscape which is host the most botanically diverse vegetation found worldwide - known locally as 'kwongan'. Notoriously difficult vegetation to measure and map, kwongan is a visual 'engima', for paradoxically it appears to the lay person as visually bland and highly homogenous. There is thus is a critical need for the development of new forms of representation which overcome the barriers between the perception and reality of this botanical condition. Botanical Matrix is one result of the author's research which seeks to address this important problem.

Can't see the water for the trees

The work was both conceived and constructed in-situ within Gnombup Swamp a seasonal water body at Bremer Bay, Western Australia. The work interacts with site-specific conditions including wind patterns and a datum of seasonal water levels marks. The work is the result of collaboration between soil scientist Paula Deegan and Ian Weir. The installation was documented with a series of 30 still digital photographs, later animated in Microsoft Powerpoint.

Horizonal

Horizonal was derived from terrestrial laser scan data of a bio-diverse landscape on the SE coast of Western Australia. The digital three dimensional scan data has been converged with geospatial survey of the landform captured through RTKGPS survey technology. Also incorporated into the image is a series of photographs taken using a photogrammetric technique wherein the position and view angle of each photograph is measured relative to a geographic datum point. The primary intention behind the production of the work was to expand understandings on the relationship between scenic photography and geospatial maps of remote, bio-diverse landscapes which are experiencing urban development for the first time.

Heathprint

The work was derived from terrestrial laser scan data of a bio-diverse landscape on the SE coast of Western Australia. The digital three dimensional scan data has been abstracted into two dimensional horizontal sections or slices. This abstraction converts the complex data into spatial information which is meaningful in the context of the act of architectural and landscape architectural design. The primary intention behind the production of the work was to expand understanding on the means of representing and then designing for sites in 'kwongan' landscapes which are constituted by highly biodiverse - and thus difficult to measure - heath vegetation. From Heathprint the author generated contour intervals of the landform upon which an associate (Daniela Simon architect) designed a work of architecture, which subsequently was awarded a commendation for residential architecture in the WA Chapter Australia Institute of Architects awards 2007.

Camera Botanica 1

Camera Botanica 1 - testing a design process (unrealised buildings). ---------- Sited in a highly biodiverse and bushfire prone heathlands on the South-east coast of Western Australia, Camera Botanica 1 is a test of a new design methodology for achieving ecologically sustainable architecture in biodiverse, bushfire prone landscapes. ---------- The design methods were intensively site-based with the author-designer conducting his own site surveys using high-end professional grade surveying equipment such as: Real Time Kinematic GPS (landform survey); Terrestrial laser scanning (vegetation survey); laser levelling and Total Station surveys (erection of scaffolds and contour lines). ---------- This was the first time, internationally, that terrestrial laser scanning was used to measure vegetation. These precise surveys enabled the construction of highly detailed models and drawings - a facility that has not been available prior to this technology. ---------- Designed for a real client and a real site - Camera Botanica 1 is a hypothetical design outcome which demonstrates the efficacy of a new design methodology and thus expands on knowledge of the applicability of new surveying technologies to the design of ecologically sustainable architecture in biodiverse landscapes.

Camera Botanica 2

Camera Botanica 2 - testing a design process (unrealised building). Sited in a highly biodiverse and bushfire prone heathlands on the South-east coast of Western Australia, Camera Botanica 2 is a test of a new design methodology for achieving ecologically sustainable architecture in biodiverse, bushfire prone landscapes. ---------- The design method was intensively site-based with the author-designer conducting his own site surveys using high-end professional grade surveying equipment such as: Real Time Kinematic GPS (landform survey); Terrestrial laser scanning (vegetation survey); laser levelling and Total Station surveys (erection of scaffolds and contour lines). ---------- This was the first time, internationally, that terrestrial laser scanning was used to measure vegetation. These precise surveys enabled the construction of highly detailed models and drawings - a facility that has not been available prior to this technology. ---------- Designed for a real client and a real site - Camera Botanica 2 is a hypothetical design outcome which demonstrates the efficacy of a new design methodology and thus expands on knowledge of the applicability of new surveying technologies to the design of ecologically sustainable architecture in biodiverse landscapes.