Content of the Convention
As its title suggests, the Convention contains three broad
themes or 'pillars': access to information, public participation
and access to justice. However, the Convention also contains a
number of important general features.
General Features
Rights-based approach: The Convention adopts a rights-based approach. Article 1, setting out the objective of the Convention, requires Parties to guarantee rights of access to information, public participation in decision-making and access to justice in environmental matters. It also refers to the goal of protecting the right of every person of present and future
generations to live in an environment adequate to health and well-being, which represents a significant step forward in international law. These rights underlie the various procedural requirements in the Convention.
A 'floor', not a 'ceiling': The Convention establishes minimum standards to be achieved but does not prevent any
Party from adopting measures which go further in the
direction of providing access to information, public
participation or access to justice.
Non-discrimination: The Convention prohibits discrimination on the basis of citizenship, nationality or domicile against
persons seeking to exercise their rights under the Convention.
Definition of public authorities: The main thrust of the obligations contained in the Convention is towards public authorities, which are defined so as to cover governmental bodies from all sectors and at all levels (national, regional,
local, etc.), and bodies performing public administrative
functions.
Although the Convention is not primarily focussed on the private sector, privatised bodies having public responsibilities in relation to the environment and which are under the control of the aforementioned types of public authorities are also covered by the definition. Bodies acting in a judicial or
legislative capacity are excluded.
Inclusion of institutions of the European Union (the EU): The definition of 'public authority' also covers the institutions of regional economic integration organisations which become a Party to the Convention. Therefore, if the EU ratifies the Convention, the provisions of the Convention will apply to the
EU institutions. The main impact of this would probably be on the European Commission but it would also apply to the Council when it is not acting in a legislative capacity, and to the European Environment Agency.
International bodies: Apart from the special case of regional economic integration organisations such as the EU,the Convention contains a more general requirement on Parties to promote the application of its principles within the framework of international bodies in matters relating to the
environment.
While the wording is not particularly strong, the inclusion of this provision shows some recognition of the need to prevent any loss of transparency and public accountability as decision-making moves onto an international level.
Non-compliance mechanism: The Meeting of the Parties to the Convention is required to establish, on a consensus basis, optional arrangements for reviewing compliance with the provisions of the Convention. Such arrangements are to allow for 'appropriate public involvement'.
Non-ECE countries: Finally, the Convention is open to accession by non-ECE countries, subject to approval of the Meeting of the Parties.
For more on the content of the Aarhus Convention, please
see the specific webpages on the three pillars of the Convention, or refer to the Implementation Guide.
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