Ophis
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The Precautionary Principle in France's Constitution
« on: 2003-08-03 20:48:26 » |
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A new charter was recently added to France's Constitution: The Environment Charter. This charter elevates environmental "rights" to the same level as human rights.
The Environment Charter is very relevant to all Virians who might hope that advances in technology will improve their lives in the future. At the heart of the environment charter is the Precautionary Principle, which now has effect over any new technological development made in France.
Environmentalist groups have been very creative in their interpretation of existing laws; with this added power, it will be surprising if France can attract or even retain any sort of competitive edge in the development of new technologies in critical areas like energy, agricultire (we already know they don't want any GM crops), biotech, nanotech, and even (with some creative thinking, for which Environmentalists are well know for) AI.
This new charter is a perfect example of government action being manipulated by special interest groups without any regards to well documented scientific facts. The facts, in this case, are that in prosperous industrialised nation (like France), the quality of the environment has been improving over the years. France has no need for this new charter any more than it has a need to ban scientific research.
Of course, if France wants to shoot its own prosperity in the foot, that's its own business. Unfortunately, I fear that similar charters are bound to be adopted by other nations. The uneducated, irrational and emotional mass-delusion around the state of our environment is likely to cause the adoption of charters like these by other nations, which ultimately will have very real and negative consequences on the future development of new technologies that are central to the well-being, evolution, and progress of mankind.
It is ironic to think that, as with most government regulations, this charter is likely to harm the very thing it claims to protect.
Here is my own personal translation of the France's new Environmental Charter (original text at: http://www.charte.environnement.gouv.fr/index.php?cID=-1&Nvid=189 )
The French people, considering
- that natural resources and equilibriums have contributed to the emergence of humanity;
- that the future and the very existence of humanity are intrinsically linked with its natural environment;
- that the environment is the common patrimony of all human beings;
- that mankind has a growing influence on the conditions of life and on its own evolution;
- that biological diversity, personnal fulfillment, and progress of human societies are affected by certain type of sonsumption or production and by the excessive exploitation of natural resources;
- that the preservation of the environment must be achieved with the same devotion as other fundamental National interests;
- that in order to insure sustainable development, choices aiming to answer present needs must not compromise the capacity of future generations and other peoples to sarisfy their own needs;
proclaims:
1 Art. - Everyone has the right to live in an environment that is both well balanced and favorable to his/her health.
2 Art. - Every person has the duty to take part in the preservation and in the improvement of the environment.
3 Art. - Every person must, in the conditions defined by law, prevent or, at a minimum, limit the harm that it is susceptible to bring on the environment.
4 Art. - Every person must contribute to the reparation of damages that it causes to the environment, in the conditions defined by law.
5 Art. - Upon the realisation of damage, even when incentain given current scientific knowledge, that might impact the environment in a serious and irreversible manner, public authorities will ensure, by application of the precautionary principle, to adopt appropriate provisionary measures aiming to avoid the realisation of the damage and to implement evaluations procedures to measure the level or risk.
6 Art. - Public policies must promote sustainable development. To this effect, they must take into account the protection and the improvement of the environment and must reconcile these objectives with the economic and social development.
7 Art. - Every person has the right, under limited conditions defined by law, to access information relative to the environment that is held by public authorities, and to participate to the creation of public decisions that have an impact on the environment.
8 Art. - Education and formation on the environment must contribute to the implementation of the rights and responsibilities defined by this charter.
9 Art. - Research and innovation must bring their participation to the preservation and improvement of the environment.
10 Art. - This charter inspires France into action within the EU and International community.
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