David Levy – Vicarious Liability Applied to Human Rights – May 19

Trying to get anybody to apply Environmental Rights in law is frankly a non-starter and especially when the guilty are national governments themselves.

To be certain, the legal charities will only go so far and shy away from tackling Government directly. Marinet has met frequent brick walls when we have sought support from these groups.

Maybe we are missing a trick and should be applying for change under Human Rights legislation.

If we follow this tack we could then apply Vicarious Law to make accountable all those who are involved in delivering decisions that impact on our Human Rights.

For example, the decision to deliver incineration projects in built-up areas could open the company, the council, county councillors, portfolio holders and executive officers to scrutiny; and, where potential harm would be reasonably expected, then a legal case could be brought and personal accountability applied.

The people near the Northacre plant at Westbury, Wiltshire, might wish to evaluate this advice with a barrister and crowd-fund a case against Wiltshire Council and their senior executives.

Until we make these decisions, which are often political, into ones of a personal nature then they, the decision-makers, can hide behind collective ignorance.

David Levy

 


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