Humanrights

International Journal for Research in Applied Science & Engineering Technology (IJRASET), 2022

Human rights not only in India but also around the world environment is intrinsically linked: safe, clean, healthy. A sustainable environment is essential to the enjoyment of our human rights; even though a polluted, dangerous and otherwise unhealthy environment potentially violates our human rights. Environmental rights are not abstract, distant and irrelevant concepts; are measurable, distinctive and functional aspects of society and its ecology. When environmental rights are violated, people and the planet suffer from reduced health and well-being. According to the Article 21 of the Indian Constitution that everyone on the country has the right to a healthy environment. This major decision is the result of decades of mobilization of various stakeholders. States must now meet their commitments and step up their efforts. This article aims to list relevant information, research, data and press releases and other institutions.

In terms of international awareness, the connection between human rights and Environmental protection is steadily grown significantly, given that environmental protection became an important issue on the international agenda. Over the years, environmental legislation has evolved being involved in human rights and recognizing the fundamental rights in relation to the environment. A considerable number of legal instruments at international, regional and national levels have been approved and established specialized bodies to respond to problems identified in human rights and environmental protection. Environmental instruments increasingly include protection of human rights and principles, including the specific procedural rights such as access to information and access to justice and the principles of implementation. At the same time, the development of environmental norms has affected human rights. This paper highlights some of the developments that have occurred at the international, regional and national levels in recognition of the link between the protection of the natural environment and human rights and the impact that they have in achieving the aims of each other. INTRODUCTION Humanity is part of a global ecosystem, where the purpose of protecting human rights and the environment within the parameters of sustainable development requires a higher quality of life in existing natural conditions. (Joint Report OHCHR and UNEP, 2012). Human rights and the environment are interdependent and play an integral role in achieving the objectives of sustainable development. (UNEP, 2004). With the emergence of contemporary concern in relation to environmental protection in the late 1960s, the impact of environmental sustainability on the enjoyment of human rights is strongly perceived.

2021

Magistrate, Judiciary, Republic of Uganda "In view of the fact that the environment is essential to all forms of life, and all human rights are indivisible and interdependent, it is to be expected that there should be a convergence between the right to a healthy environment and other fundamental human rights." 1

Environmental issues are best handled with the participation of all concerned citizens, at the relevant level. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided. Human rights and environmental law have in common that they are both seen as a challenge to, or limitation on, the traditional understanding of state sovereignty as independence and autonomy. Despite their separate initial stages, it has become more and more acknowledged over the years that human rights and the environment are inherently interlinked. The present paper discusses about the correlation of human rights with environmental harms, climatic phenomena, environmental change etc. It finally concludes with supporting remedies for propounding human rights towards sustainable environmental growth.

European Scientific Journal, ESJ, 2016

When natural habitats are destroyed or natural resources are depleted the environment is degraded. Environmental degradation results from factors such as urbanisation, population growth, intensification of agriculture, rising energy use and transportation, climate change, pollutions arising from many sources such as technological activities. It is explored that as a result of the dynamic interplay of socioeconomic factors and technological activities amongst many other factors, these have devastating consequences on human health. Thus environmental degradation consequences affect the health and the right to health of the people. Using the doctrinal method of research, we examine the confluence of environmental degradation and health from a rights perspective. An unhealthy environment possess health hazards consequently a violation of the right to health. The article recommends that states' obligation under international law to protect the right to health should be enforceable. Human beings are entitled to right to health even as the environment needs to be protected from activities which cause environmental degradation.

1997

Trajectories Towards Ecological Resurgence, 2021

More recently, increased attention has been given to the environment at both national and international levels. This development, particularly the link between human rights and the environment was a notable development of the late 20th century. This was a response to the growth in the magnitude and awareness of environmental degradation throughout the world. The impact of climate change, global warming, and loss of biodiversity on the environment is enormous and constitute a massive threat to both present and future generations. It is imperative to protect the environment as well as the right that depends on it if sustainable developments are to be achieved. Several jurisdictions across the globe are currently applying a rights-based approach to environmental protection, a trend that has been termed the 'environmental rights revolution'. Several supranational and international human rights bodies, especially UN treaty bodies, have also taken the bull by the horn by addressing these environmental issues in their decisions, comments, advisory opinions, and rulings. This article examines the contributions of the UN human rights bodies and their efforts in addressing the environmental imbroglios that are threats to human existence.

All human beings depend on the environment in which we live. A safe, clean, healthy and sustainable environment is integral to the full enjoyment of a wide range of human rights, including the rights to life, health, food, water and sanitation. Without a healthy environment, we are unable to fulfill our aspirations or even live at a level commensurate with minimum standards of human dignity. At the same time, protecting human rights helps to protect the environment. When people are able to learn about, and participate in, the decisions that affect them, they can help to ensure that those decisions respect their need for a sustainable environment. Principle I of the Stockholm Declaration stressed that “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well being, and he bears a solemn responsibility to protect and improve the environment for present and future generations”. In recent years, the recognition of the links between human rights and the environment has greatly increased. The number and scope of international and domestic laws, judicial decisions, and academic studies on the relationship between human rights and the environment have grown rapidly. Many countries now incorporate a right to a healthy environment in their constitutions. Many questions about the relationship of human rights and the environment remain unresolved, however, and require further examination. As a result, in March 2012 the Human Rights Council decided to establish a mandate on human rights and the environment. People more and more started to see that a clean and healthy environment is essential to the realisation of fundamental human rights. Such as the right to life, personal integrity, family life, health and development. Because each human being depends on protecting the environment as the resource base for all life. And where it started with mere linking acknowledged human rights to cases of environmental disruption, like the Bhopal and Chernobyl disasters, it has become more acknowledged over the years that human rights and the environment are so inherently interlinked that (a clean and healthy) Environment is a Human Right. It is important to recognise our dependence on the earth’s natural resources. Natural resources such as air, water, and land are fundamental to all life forms: they are, much more than money and economic infrastructure, the base of our survival.

Rowman and Littlefield , 2013

European Journal of International Law, 2012

The relationship between human rights and environmental protection in international law is far from simple or straightforward. A new attempt to codify and develop international law on this subject was initiated by the UNHRC in 2011. What can it say that is new or that develops the existing corpus of human rights law? Three obvious possibilities are explored in this article. First, procedural rights are the most important environmental addition to human rights law since the 1992 Rio Declaration on Environment and Development. Any attempt to codify the law on human rights and the environment would necessarily have to take this development into account. Secondly, a declaration or protocol could be an appropriate mechanism for articulating in some form the still controversial notion of a right to a decent environment. Thirdly, the difficult issue of extraterritorial application of existing human rights treaties to transboundary pollution and global climate change remains unresolved. The article concludes that the response of human rights law-if it is to have one-needs to be in global terms, treating the global environment and climate as the common concern of humanity.