Abstract
The relationship between human rights and environmental law has emerged as a critical area of interdisciplinary study, reflecting a growing recognition that environmental degradation poses significant threats to fundamental human rights. This intersection underscores the intrinsic link between a healthy environment and the realization of human dignity, health, and well-being.
The degradation of natural resources, climate change, and pollution disproportionately affect vulnerable populations, leading to violations of rights such as the right to life, health, and a sustainable livelihood. Human rights frameworks emphasize the need for equitable access to environmental resources and the right to participate in environmental decision-making processes.
The 2018 UN resolution acknowledging the human right to a clean, healthy, and sustainable environment illustrates this evolving perspective. This resolution recognizes that environmental conditions directly impact the realization of human rights and calls for enhanced protections for both individuals and communities against environmental harm.
Moreover, environmental law offers mechanisms for holding corporations and states accountable for actions that contribute to environmental degradation and the infringement of human rights. Legal instruments, such as the Paris Agreement, highlight the obligation of states to mitigate climate change impacts, which is essential for safeguarding the rights of future generations.
The intersection also raises critical issues of environmental justice, emphasizing that marginalized communities often bear the brunt of environmental hazards while having limited recourse to legal protections.
The effective integration of human rights considerations into environmental governance is essential for fostering sustainable development. This can be achieved through legal reforms, policy frameworks, and the active involvement of civil society.
Courts and international tribunals increasingly recognize the need to consider human rights in environmental cases, setting important precedents for future legal interpretations. This judicial recognition facilitates a holistic approach to addressing both human rights and environmental concerns, promoting policies that prioritize the well-being of individuals alongside ecological sustainability.
Despite significant progress, challenges remain in operationalizing the intersection of human rights and environmental law. Implementation gaps, lack of political will, and inadequate resources hinder the effective enforcement of existing legal frameworks. Additionally, the global nature of environmental issues necessitates international cooperation and commitment, which can be difficult to achieve amidst competing national interests.
Introduction
Human rights and Environmental Law are closely related and complementary, with the same objective of recognizing human rights and promoting human welfare. Both are interested in the advancement and improvement of human well-being.
Various international and national groups, as well as government have acknowledged the relationship between environmental legislation and human rights. Because both are necessary for a higher standard of living, human rights and environmental conservation are intertwined.[1]
The connection between environmental law and human rights can be seen in the fact that while the right to life is acknowledged as a fundamental right, it has been expanded by courts to encompass the right to a healthy environment.
Overview of Human Rights
Every person has a right to the preservation and respect of their basic liberties and rights. Human rights are the freedoms, rights, and privileges that every person is entitled to simply by being human.
Civil, political, economic, social, and cultural rights are among them.
Core Characteristics of Human Rights
- Human rights are inalienable.
- Human rights are indivisible.
- Human rights are inherent.
- Human rights are dependent on one another.
This means that we are always entitled to these rights, that exercising one right has an impact on exercising.
Governments are expected to implement the laws and policies essential for the preservation of human rights as well as to control the private and public behaviours that have an impact on people’s ability to exercise such rights by their international obligations.
People are shielded by human rights agreements against governmental interference with or violations of their fundamental rights.
International Human Rights Treaties
World human rights treaties are indeed agreements between states, which are members of the international community, to uphold and protect certain rights for individuals within their territories or under their jurisdiction.
These treaties serve as international legal instruments that establish standards and obligations for states to ensure the promotion, protection, and respect of human rights.
States sign human rights treaties to guarantee that people and groups living under their jurisdiction can exercise certain rights while also agreeing not to violate such rights.
Definition And Principles Of Human Rights
The phrase “human rights” indeed refers to a set of fundamental rights that are inherent to all individuals, regardless of their nationality, ethnicity, gender, or any other characteristic.[2] The advancement of a person’s personality, human traits, intelligence, and conscience, as well as the fulfilment of their spiritual and other higher requirements, depends on their understanding of human rights, which are an imperishable aspect of human nature. These rights are based on the principles of equality, justice, and respect for the inherent worth and value of every human being. Man has certain rights as a member of the community to live, be sustained and grow in his protentional.
Core Principles Of Human Rights
- Equality
- Justice
- Respect for the inherent worth and value of every human being
International Human Rights Instruments
A Respected and fulfilling human life is made up of several fundamental components, which together make up human rights. It establishes guidelines for how people should be treated, and the upholding of these rights guarantees that each nation’s citizens are free to live their lives without suffering heinous injustices. although the idea of human rights is quite broad, according to the Office of the High Commissioner for Human Rights (OHCHR) of the United Nations, it may generally be divided into 9 core rights. The international treaties that serve as a mechanism for the laws’ substantive provisions each reflect one of these nine rights.
Nine Core Human Rights
| Aspect | Description |
|---|---|
| Core Rights | Human rights may generally be divided into 9 core rights. |
| Legal Mechanism | Each of these rights is reflected in international treaties serving as mechanisms for substantive legal provisions. |
Udhr
On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. The Universal Declaration of Human Rights (UDHR) consists of 30 articles that outline the basic rights and fundamental freedoms to which all individuals are entitled. All people, regardless of their colour, religion, or nationality, can use it.[3] It served as a major catalyst for the creation of international human rights law and the foundation for the 1966-completed and 1976-enacted International Bill of Human Rights. The Universal Human Rights Declaration does not have legal force, but its principles have been developed and integrated into subsequent international agreements, regional human rights instruments, and state legal frameworks.
Overview Of Environmental Law
Any laws that are enforced by local, state, federal, or international organizations and have an impact on how people interact with their environment are referred to as environmental laws
This wide definition covers all areas of the law that safeguard the environment.
Definition and Scope of Environmental Law
Environmental law is made up of a wide range of statutes, laws, and other rules that are primarily concerned with controlling how humans interact with the natural world and its many interconnected ecosystems.
While many aspects of environmental law may not immediately relate to one another, they all serve as safeguards against environmental harm and as a means of guaranteeing the effective administration of the environment and its various ecosystems.
Environmental law and laws are essential for safeguarding not only the various plants and animals in the larger ecosystem that we live in, but also ourselves as individuals. [4]
To prevent violations that constitute a threat to the environment and, by extension, the human species, it is crucial to establish, govern, and interpret the numerous conventions and laws that have been launched by various nations and international bodies worldwide.
International Environmental Conventions and Treaties
Global climate change is covered by the UNFCCC (United Nations Framework Convention on Climate Change).
The general aim of the UNFCCC, as outlined in Article 2, is to stabilize greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system. [5]
The criteria for establishing the time frame to achieve this aim include scientific, technical, and socio-economic factors.
Principles and Guidelines Under the UNFCCC
Article 3 of the UNFCCC provides guidelines for the implementation of the convention. It emphasizes the principles of common but differentiated responsibilities and respective capabilities among countries. [6]
Commitments of Developed Country Parties
Article 4 of the UNFCCC outlines the commitments of developed country parties.
- Mitigating greenhouse gas emissions
- Providing financial resources to support developing countries actions
- Transferring environmentally sound technologies
- Enhancing capacity-building efforts
The Kyoto Protocol
The Kyoto Protocol was indeed adopted in 1997 as an international agreement under the United Nations Framework Convention on Climate Change (UNFCCC).
However, the specific emission reduction goals were not set for all developed countries uniformly. Instead, the protocol established binding emissions reduction targets for a group of developed countries known as Annex I Parties, which included countries from the Organization for Economic Co-operation and Development (OECD) and countries with economies in transition.
The Paris Agreement
The 2015 Paris Agreement sets forth detailed required and voluntary commitments for greenhouse gas abatement, adaptation to the negative effects of climate change, and reporting on the execution of various measures.
It includes a donation made voluntarily to reduce emissions, particularly to address adaptation to climate change and strengthen reporting requirements.
The Paris Agreement operates on a five-year cycle that the nations carry out. They want to achieve a global peak in greenhouse gas emissions as soon as they can so that by the middle of the century, the globe will be preservation, climate neutral.
National and Regional Environmental Laws
By putting amendments to the Indian Constitution, impressive national efforts have been made to protect and enhance the environment.
While the original Constitution of India did not explicitly address environmental preservation, significant changes have been made to incorporate environmental concern and make them constitutional requirements.
The 42nd Amendment Act of 1976
The 42nd Amendment Act of 1976 played a crucial role in incorporating environmental protection into the Indian Constitution.
This amendment added a new Directive Principle of State Policy (Article 48A) that states, “The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
The Relationship Between Human Rights and Environmental Law
The UN General Assembly acknowledged the connection between human rights and the environment for the first time in the late 1960s. The United Nations Conference on the Human Environment acknowledged the clear connection between the environment and the right to life in 1972. The Preamble of the Stockholm Declaration indeed states that “man is both creature and molder of his environment, which gives him physical sustenance and affords him the opportunity for intellectual, moral, social, and spiritual growth.”
The well-being of man and the enjoyment of fundamental human rights, including the right to life itself, depends on both the natural and constructed components of his surroundings. The Stockholm Declaration’s first principle, which states that everyone has a basic right to freedom, equality, and adequate living conditions in an environment of high enough quality to support a life of dignity and well-being, laid a further foundation for the relationship between environmental protection and human rights.
The World Charter for Nature recognized in 1982 that humans are an integral component of nature, and that survival depends on the ongoing operation of natural systems that supply food and energy. Human beings are at the focus of concerns for sustainable development, according to a 1992 United Nations Conference on Environment and Development (commonly known as the Earth Summit). They have the right to live a productive, healthy life in balance with the environment.
The World Summit on Sustainable Development in 2002 just acknowledged the idea that the environment and human rights might be related. Although there is little indication of action being done to secure this right, the resolution emphasized the needs of the most vulnerable people of society and encouraged efforts towards the implementation of the Rio Declaration on Environment and Development.
The interest in these problems has grown during the past year. This has been a major area of concentration for ANPED as they prepare for the 2002 Summit. ANPED is establishing connections with NGOs and other organizations around the world as part of its mission. There is little question that the timing of this activity is ideal: the UN High Commission on Human Rights has requested that UNEP and the Worldwide Labour Organization co-host a worldwide seminar on these topics in 2001.
Key International Developments Linking Human Rights and Environment
| Year | Instrument / Event | Key Contribution |
|---|---|---|
| Late 1960s | UN General Assembly | Acknowledged the connection between human rights and the environment |
| 1972 | Stockholm Declaration | Linked environment with the right to life and human dignity |
| 1982 | World Charter for Nature | Recognized humans as an integral component of nature |
| 1992 | Earth Summit (UNCED) | Affirmed the right to a productive, healthy life in harmony with nature |
| 2002 | World Summit on Sustainable Development | Reinforced links between environmental protection and human rights |
Human Rights and the Environment: Interconnectedness and Interdependence
The United Nations has acted through its various agencies to address human rights issues that are directly tied to environmental risks and environmental regulations. General Comments 14 and 15 of the UN Human Rights Committee interpret Articles 11 and 12 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) to include access to enough water that is safe and affordable for domestic use and sanitation, the prevention and reduction of exposure to hazardous substances like radiation and chemicals, or other unfavourable environmental conditions that hurt human health either directly or indirectly.
Environmental Dimensions of Human Rights Protection
- Access to sufficient, safe, and affordable water for domestic use and sanitation
- Prevention and reduction of exposure to hazardous substances such as radiation and chemicals
- Protection against unfavourable environmental conditions affecting human health
Additionally, the UN Watercourses Convention’s Article 10 prioritises “vital human needs” when distributing and allocating limited water resources.
Provisions Of Human Rights And Environmental Law In India
Article 21 of the Indian Constitution’s Right to Life section refers to the right to a safe environment[7]. Every person has a fundamental right to live in a clean environment, according to the Indian Constitution. The Constitution makes it clear that human and environmental rights are mutually dependent.
Article 48 A of the Directive Principal of State Policy acknowledges the value of environmental law. Article 48A of the Indian Constitution encourages the states to take proactive measures for the protection and improvement of the environment. It emphasizes the duty of the government to safeguard and preserve the nation’s forests and wildlife.
Role Of The Judiciary In Protecting The Environment
Even though many legislative measures have been taken to safeguard the environment and fundamental human rights, courts and tribunals are crucial in interpreting the law and advancing environmental jurisprudence. The Indian judicial system is crucial to safeguarding fundamental rights. Many decisions demonstrate the judiciary’s importance in environmental protection.
The Indian Supreme Court ruled in Francis Coralie Mullin v. Union Territory of Delhi (1981) that the right to life guaranteed by Article 21 of the Indian Constitution includes the right to live with dignity.
The Supreme Court ruled in M. C. Mehta v. UOI (1986).
According to the Charan Lal Sahu case decision by the supreme court, the right to a healthy environment is now a part of Article 21’s right to life. A historic decision, established that Article 21 of the Indian Constitution’s fundamental right to life includes the right to a pollution-free environment, clean water, and air to enjoy the fullest.
The Indian judicial system did a fantastic job of bringing up the topic of environmental protection, defending civil rights, and including the right to a clean, healthy environment within the framework of fundamental rights.
Cases
Subhash Kumar v. State of Bihar, (AIR 1991 SC 420)
It is clear from the case’s facts and the arguments put out by both sides that the petitioner lacked a solid legal basis for her claim that the respondents’ washeries were contaminating the Bokaro River. Instead, the Bench accepted the Respondents’ arguments while noting that the Bihar State Pollution Board has implemented successful steps to reduce and avoid pollution.
The petitioner has been buying slurry from the Respondent for several years, and as time went on, he wanted more slurry, but the respondent firm rejected his request, according to the counter-affidavits presented on behalf of the Respondent.
The Petitioner, an influential businessman with a coal dealing license, tried to persuade the Respondents to give him more slurry, and when they refused, he started harassing them. To obtain authorization to collect slurry from the raiyat property, the petitioner filed several proceedings before the Patna High under Article 226 of the Constitution.
The current petition was not submitted in the public interest but rather for personal gain; as a result, public interest litigation could not be maintained.[8]
Francis Coralie Mullin v. Administrator, Union Territory of Delhi, 1981 AIR 746
The Court awarded relief to the petitioner and allowed the writ petition, concluding that Section 3(b)(i), which limits a detainee’s right to an interview with the legal counsel of his choice, is unconstitutional since it contravenes Articles 14 and 21 of the Constitution.
The Court further declared that it is fair for the detainee to meet with his legal counsel at any reasonable time during the day following the detainee’s appointment with the jail superintendent.
The Court further stated that the interview need not be conducted in front of a designated Customs, Central Excise, or Enforcement officer and that any other jail official may, if required, observe the interview, but not to be in earshot of the detainee and the legal counsel.
The Court declared Section 3(b)(ii) unlawful because it limits the number of times a detainee can meet with her family and friends to once per month while allowing an under-trial prisoner and a convicted prisoner.[9]
Conclusion
The full enjoyment of human rights is unquestionably impacted by inadequate environmental protection. Human rights and the environment are interconnected in a way that promotes not only sustainable development but also improves the human rights system and broadens the protection of human rights in the environmental sphere.
Because the environment and human rights are intertwined, only when the environment is safeguarded are human rights protected. India’s courts take environmental and human rights very seriously because they understand that losing nature cannot be replaced.
In India, the judiciary works to close the gap and connect environmental legislation and human rights. Environmental issues have not been resolved despite numerous laws and legislative measures. For sustainable growth to occur, laws must be implemented correctly and are subject to regular examination.
The Law Commission of India proposed in its 186th report to establish an environment court with a specific judge to handle environmental disputes; so, the establishment of environment courts with a specific judge to handle environmental disputes; so, the establishment of environment courts. References:
- Human Rights and the Environment (5 October 2024, 8:30 pm)
https://www.unep.org/explore-topics/environmental-rights-and-governance/what-we-do/human-rights-and-environment - Human Rights: A Brief Introduction (5 October 2024, 8:55 pm)
https://www.hrw.org/news/2020/12/10/human-rights-brief-introduction - The Universal Declaration of Human Rights (5 October 2024, 9:15 pm)
https://www.unesco.org/en/unesco-and-human-rights - Introduction to Environmental Laws in India (6 October 2024, 8:00 pm)
https://www.legalserviceindia.com/legal/article-635-introduction-to-environmental-law-in-india.html - United Nation Framework Convention on Climate Change Act, 1994, Article 2, Act of United Nation, 1994
- United Nation Framework Convention on Climate Change Act, 1994, Article 4, Act of United Nation, 1994
- Indian Constitution, Article 21, Act of Parliament, 1949 (India)
- Subhash Kumar v. State of Bihar, AIR 1991 SC 420
- Francis Coralie Mullin v. Administrator, Union Territory of Delhi, 1981 AIR 746
