Human Rights and Environmental Protection: Examining the Jurisprudence of the Human Rights Treaty Bodies
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Environmental problems have a direct impact upon human existence. Yet the Human Rights treaties do not provide for an explicit ‘human right to environment’. The problem of legally confronting environmental challenges is partly met with international environmental treaties and institutions, but the dilemma of a human rights perspective continues to be a conundrum-notwithstanding the fact that ‘human rights’ and ‘environmental protection’ are two extremely important issues that have captivated the world attention in a manner that is unprecedented in the history of recent times. In this paper we shall examine, in the light of recent developments in international environmental law, the relationship that exists between the two seemingly distinct fields of enquiry. In this perspective, we shall throw the spot light on the fundamental principles of international law as they relate to human rights and environmental protection, emphasizing upon the profound and complementary relationship that the subjects share in question. From this stand point of inter-disciplinary nature of the subjects, we shall advance the argument that, adhering to the norms and standards established by the Human Rights treaties, only enhances the quality of environmental protection. We shall examine, in this respect, the emerging jurisprudence of the Human Rights treaty bodies to support our arguments. This paper also reflects on the widening gap that exists between actual realities of life-compared to the rhetoric of rights.
Abstract
Environmental problems have a direct impact upon human existence. Yet the Human Rights treaties do not provide for an explicit ‘human right to environment’. The problem of legally confronting environmental challenges is partly met with international environmental treaties and institutions, but the dilemma of a human rights perspective continues to be a conundrum-notwithstanding the fact that ‘human rights’ and ‘environmental protection’ are two extremely important issues that have captivated the world attention in a manner that is unprecedented in the history of recent times. In this paper we shall examine, in the light of recent developments in international environmental law, the relationship that exists between the two seemingly distinct fields of enquiry. In this perspective, we shall throw the spot light on the fundamental principles of international law as they relate to human rights and environmental protection, emphasizing upon the profound and complementary relationship that the subjects share in question. From this stand point of inter-disciplinary nature of the subjects, we shall advance the argument that, adhering to the norms and standards established by the Human Rights treaties, only enhances the quality of environmental protection. We shall examine, in this respect, the emerging jurisprudence of the Human Rights treaty bodies to support our arguments. This paper also reflects on the widening gap that exists between actual realities of life-compared to the rhetoric of rights.
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