Ympäristöperusoikeus politiikkainstrumenttina ja kansalaisoikeutena : dikotomian yhteensovittaminen

Kirjoittajat

• Siina Raskulla

Abstrakti

According to Section 20 of the Constitution of Finland and the international treaty of Århus which binds the Finnish government, people have the right to have information about and to influence on decision making concerning their living environment. This article considers the development, practices and challenges relating to citizens’ right to have information and right to influence. Although these rights have developed to be more inclusive, the current trend is restriction of rights in which economic reasons have played a key role. But distribution of information and guaranteeing par­ticipation can be seen as useful from this perspective as well. However, as a part of a wider concept of political rights, these procedural rights should be respected as an essential part of a democratic society. Article concludes that right to have information about and to influence on decision making concerning the environment should be operated more explicitly as it is done with other political rights in relation to general decision making in democratic society. Right to environment not just contribute to the technocratic protection of high level of protection of the environment. It has a value in relation to the legitimacy of government and self-value as citizens’ fundamental right to take part in conversation and decision making concerning their living environment on every level of decision making. But in relation to environment the outcomes of decision making are limited by high level of protection for the environment.