Application of the principles to key rights
The following section provides examples of how each of the principle described above my be
encapsulated in the procedural rights: access to information; public participation (in decisionmaking); and access to justice (remedies).
They are illustrative of the issues NHRIs may choose to raise in advocating for procedural
rights. For more detailed examples and explanation about implementing and enforcing
procedural rights see: Stephen Stec and Susan Casey-Lefkowitz in collaboration with Jerzy
Jendroska for the Economic Commission for Europe, The Aarhus Convention: An
Implementation Guide (2000) <http://www.unece.org/env/pp/acig.pdf> at 6 December 2007.
Access to Information
A1. The concept of ‘information’ should be construed broadly. It should include:
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information on environmental elements (for example, air, water, land) and environmental
issues (for example, desalination, air pollution etc);
information on projects affecting the environment (for example, construction activities, laws
involving the environment); and
information about the impact of the environment or environmental degradation may have on
the ecosystem generally, and on humans, flora, fauna etc.
A2. Anyone and any community should be able to request environmental information from any
government agency, other entity conducting a public function, or non-state actor engaging in an
activity or practice affecting the environment.
A3. Anyone and any community should be able to request information relating to environmental
matters at any stage during a decision-making, or similar, process.
A4. The state should develop and disperse information about how to exercise participatory
rights: for example, policies and procedures on how to access information. This information and
the processes for exercising participatory rights should be clear, and the state should facilitate
public understanding of this information.
A5. The time frames within which people may request information should be reasonable.
A6. Information should be made available promptly.
A7. Information should be disseminated in widely available and easily accessible forms, which
are appropriate for its audience: for example,
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•
•
information should be free of charge, or available at a minimal cost, and costs should not be
used as financial constraints impeding access to information;
where electronic access is available, electronic tools, such as interactive databases and
registers, should be used;
where electronic access is not available, information should be available in convenient
locations, such as at an information reference centre.
A8. Information should be translated into official languages, or the language of the person or
the community affected by the environmental issue, or requesting information, where
reasonable.
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