Within this body of international law, dealing with protection of the environment, there exists a current of thought which argues that right to a clean or healthy or satisfactory or good environment has attained the status of a human right.Tags: Owl Purdue Essay ApaEvent Planning Business PlansHomework Of MathTok Essay MarkingCollege Papers For Sale OnlineEssay On Darwins Theory Of EvolutionHow To Do Outline For Research PaperPractice Writing Essay For GedStructure Research Paper
The human right to environment can be understood in two contexts: either as an independent right existing separately or as a part of other existing human rights.
Some of the major international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights preceded the groundswell of concern for the environment that has sprang up in the late sixties.
Judge Weeramantri, in a separate opinion, stated that the protection of the environment was a vital part of the contemporary human rights doctrine for it was a sine qua non for the enjoyment of various human rights.
The question asked at the beginning remains to be answered.
However there does exist international instruments which talk of the human right to environment.
The link between human rights and environmental protection was made at the UN Conference on the Human Environment in Stockholm in 1972.Do these instruments signal the development and existence of a human right to environment?The Author seriously doubts the existence of such a right.Principle 1 of the Rio Declaration stated that ‘Human beings are at the centre of concerns for sustainable development.They are entitled to a healthy and productive life in harmony with nature.’ Although this principle brought to the foreground the concept of sustainable development in the battle for environmental protection, it also recognized that human beings were the raison d’être for sustainable development and that they were entitled to a life in harmony with nature.Where environmental degradation is absolutely necessary in order to satisfy other human rights such as a right to livelihood, then the right to environment should not be cited to block such degradation.Under such an approach, the human right to environment could be grouped under all three categories of human rights: civil and political rights; economic, social and cultural rights; and third generation rights.21, 1986, specifically grants this right: ‘All peoples shall have the right to a general satisfactory environment favorable to their development.’ Article 11(1) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights states ‘Everyone shall have the right to live in a healthy environment and to have access to basic public services.’ There is mention of this right even in the International Court of Justice jurisprudence.Judge Weeramantri in Case concerning Gabcikovo Nagymaros Dam deliberated on it.You can view samples of our professional work here.Any opinions, findings, conclusions or recommendations expressed in this material are those of the authors and do not necessarily reflect the views of Law Teacher.