Lupin, Dina and Townsend, Leo (2023) The right to consultation is a right to be heard. In, Lupin, Dina (ed.) A Research Agenda for Human Rights and the Environment. (Edit Elgar Research Agendas) Edward Elgar Publishing, p. 103. (doi:10.4337/9781800379381.00014).
Abstract
In this chapter, we argue that approaches to consultation that purport to give affected Peoples a chance to speak without ensuring that what they say is heard, do not amount to consultation in any meaningful sense. We demonstrate this, making use of the theoretical framework of epistemic injustice, by outlining some of the many ways in which Peoples are not heard, facing instead practices of hermeneutical and testimonial injustice. As a result, the right to consultation, we find, needs to be recognized as a right to be heard. More work needs to be done to articulate exactly what a right to be heard entails and demands, but we have suggested a few possible guidelines for the realization of this right.
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