The thesis is devoted to a comprehensive study of the issue of international organizational and legal mechanism for protection of environmental rights of vulnerable persons. Chapter 1 provides characteristics of the provisions of international legal acts of a universal and regional nature, which regulate certain issues of protection of environmental rights of vulnerable persons. Particular attention is paid to resolutions of the UNGA, the UNHRC, reports of the UN Secretary General and special rapporteurs of the UNHRC, as well as acts of UN specialized agencies. It was concluded that the quintessence of ensuring the environmental rights of vulnerable persons is the recognition and protection of their right to a healthy, clean and safe environment. It was established that the environmental rights of vulnerable persons were fragmentarily enshrined in a number of acts in the field of human rights and the environment adopted under the auspices of the UN.
At the international regional level, the acts adopted within the framework of the CoE, the AU, the OAS, etc., which contain provisions on the protection of the rights of vulnerable peoples in the environmental sphere, are characterized. In addition, the relevant practice of regional judicial and quasi-judicial bodies, such as the ECHR, the European Committee of Social Rights, the IACtHR and the ACtHPR is analyzed.
Existing approaches to defining the concepts of "vulnerability" and "vulnerable persons", particularly in the context of the environment, are disclosed. Attention is focused on the specific characteristics and criteria applied to certain categories of persons, according to which they are particularly vulnerable and suffer disproportionately from the deterioration of the environment and climate change.
Chapter 2 highlights the issue of the protection of environmental rights of certain vulnerable categories of persons, namely children, women, environmental migrants and indigenous peoples. Regarding the provision of children's environmental rights the emphasis is placed on the importance of observing the principle of ensuring the best interests of the child and the activities of such mechanisms as UNICEF, UNEP, ACERWAC, etc., are covered.
Within the context of research of the protection of women's environmental rights, the need to incorporate a gender perspectiveat all levels, to expand women's participation in solving environmental issues, as well as their protection from gender-based environmental violence was emphasized. The activities of the UN system bodies, in particular the The CEDAW Committee, the "UN-Women", the Commission on the Status of Women regarding the protection of women's rights in the environmental sphere are highlighted.
The international organizational and legal grounds for the protection of the rights of persons who are forced to move due to environmental issues are characterized. The main approaches to defining the concepts of "environmental/climate refugee" and "environmental/climate migrant", as well as their distinguishment, are highlighted. A conclusion was drawn on the expediency of applying the principle of "non-refoulement" to environmental refugees.
Attention is focused on the special vulnerability of indigenous peoples and communities to environmental degradation and climate change due to their close connection with the environment. The activities UN bodies and special procedures regarding the promotion and protection of the rights of indigenous peoples in the environmental sphere, such as the CCPR, the ILC, the UNPFII, the Special Rapporteur on the human right to a healthy environment, the Special Rapporteur on the rights of Indigenous Peoples are highlighted.
The third chapter is devoted to the study of national experiences of the protection of environmental rights of vulnerable persons on the example of the USA, France and Finland. The acts of the US national legislation, the provisions of which contain norms for the protection of the rights of vulnerable persons in the environmental sphere, were analyzed. Emphasis is placed on the activities of the EPA and its policy documents. It was determined that the American approach to protecting the environmental rights of vulnerable categories of persons is based on the concepts of ensuring "environmental justice" and "environmental health".
It is also concluded that in France children are the vulnerable category that receives the greatest amount of protection for their environmental rights, while French legislation contains almost no provisions regarding the corresponding rights of other vulnerable groups.
Regarding Finland, it was concluded that this state provides temporary special protection to foreign citizens who are forced to relocate due to environmental disasters. In addition, it was determined that the most represented vulnerable category of persons in Finnish environmental legislation is the indigenous people of Finland – the Sami.
