OVERVIEW: HUMAN RIGHTS ISSUES AND ENVIRONMENT

[The author, Deekhsha Sharma is a 2nd year Ba.LLB(Hons.) student at The Lawschool, University of Jammu ]

INTRODUCTION

Human rights are considered to be the basic inalienable rights each individual possess and many believe that it is given by the nature itself. Human rights and environment are inter-wined; human rights cannot be enjoyed without a safe, clean and healthy environment; and sustainable environmental governance cannot exist without the establishment of and respect for human rights. The relationship between humanity and environment is a delicate one.

Since the industrial revolution, the world population has increased exponentially, and with the population growth, the environment has been profoundly affected. Deforestation, pollution and global climate changes are amongst the adverse effects the population and technological expansion has increased. The relationship between human rights and the environment was first recognized by the UN General Assembly in the late 1960s.

INTERRELATIONSHIP BETWEEN ENVIRONMENTAL REGULATION AND HUMAN RIGHTS

In 1972, the direct relationship between the environment and the right to life was recognized by the United Nations Conference on the Environment. In 1982, the World Charter for Nature acknowledged that mankind is a part of nature and life depends on the uninterrupted functioning of natural systems which ensure the supply of energy and nutrients.

In 1992, the United Nations Conference on Environment and Development (also known as the Earth Summit) took place in Rio De Janerio. Principle 1 of Rio Declaration on Environment and Development sets out 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’ and Principle 4 establishes ‘in order to achieve sustainable development, environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it’. Principle 10 led to the 1998 Convention on Access to Information, Public Participation in Decision-making and Access to justice in Environmental Matters (Aarhus Convention). Principle 22 talks about the ‘liability and compensation for the victims of pollution and other environmental damage’ In 2002, the World Summit on Sustainable Development merely acknowledged the position that there exists a possible relationship between environment and human rights.

In addition, the UN Human Rights Commission adopted several resolutions linking human rights and the environment, such as Res.2005/60 entitled Human rights and environment as part of sustainable development. The Resolution called on states to take all necessary measures to protect the legitimate exercise of everyone’s human rights when promoting environmental protection and sustainable development and reaffirmed, in this context, that everyone has the right, individually and in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms. The resolution emphasized the needs of the vulnerable members of society and also encouraged efforts towards the implementation of the Rio Declaration on Environment and Development to ensure this right, although there is little evidence of work to make this happen.

The enjoyment of all human rights is closely linked to the environmental issue. Not only rights to life and health in the first place, but also other social, economic, cultural, as well as political and civil rights, can be fully enjoyed only in a sound environment. That is the reason why there is the need for sustainable development and that means, in the first place, ecologically sound development of economies, science and technology, and all other fields. This is the sine qua non for both protection of the environment and further promotion of human rights.

RIGHT TO AN ADEQUATE ENVIRONMENT

The right to an adequate environment or satisfactory environment is one of the so-called third-generation or solidarity rights. Explicit provisions concerning the environment are limited in International human rights instruments as well as in domestic legislative and other acts of a number of countries, including some constitutions. The African Charter, for instance, proclaims that: “All people shall have the right to general satisfactory environment favourable to their development.” In the Stockholm Declaration of the United Nations Conference on the Human Environment, it appears, as an individual right. The Declaration states 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”. It appears as an individual right in the report of the World Commission on Environment and Development, which proposes as one of the legal principles for environmental protection and sustainable development, that: All human beings have the fundamental right to an environment adequate for their health and well-being. The Universal Declaration of Human Rights protects the right to life and a standard of living adequate for health and well-being, rights from which the right to a healthy environment can be inferred.

CONCLUSION

The right to environment exists in a very weak form. The development of the relationship between human rights and the environment would facilitate the merging of human rights principles within an environmental scale. The human rights would be strengthened by the amalgamation of environmental concerns providing victims of environmental dilapidation the opportunity of access to justice and enabling the expansion of the scope of human rights protection and generation of concrete solutions for cases of degradation.

FREQUENTLY ASKED QUESTION

1. When Environment became a matter of concern?

Ans. During 1960s when several events occurred which raised the public awareness of harm to the environment caused by man. As public became aware of environmental issues, concerns about air pollution, water pollution, solid waste disposal, dwindling energy resources, radiation, pesticide poisoning, noise pollution, and other environmental problems engaged a broadening number of sympathizers. The public support for environmental concerns was widespread and became clear in the Earth Day demonstrations of 1970.

REFERENCES

1. ‘Brief history’ < http://www.legalserviceindia.com/legal/article-929-human-rights-and-environment.html > accessed on 5 July 2020
2. ‘Environmental regulation and human rights’ < http://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-fora/human-rights-in-relation-to-other-topics/human-rights-and-the-environment > accessed on 5 July 2020
3. ‘Right to an adequate environment’ < http://archive.unu.edu/unupress/unupbooks/uu06he/uu06he0i.htm > 5 July 2020