The Right to the Environment. Emerging Implications in Theory and Praxis

Abstract

In this article the author describes recent thinking and development concerning a human right to the environment. The general framing of the linkage between human rights and the environment and the uncertainty and complexity of scientific knowledge about environmental problems have both contributed to an amount of contention over the value of a right to the environment. The article analyzes the linkage between human rights and processes of environment and development and discusses the relevance of environmental issues to the observance of established rights such as those to life and health. It then explores the definition, scope, substance and procedural aspects of the proposed right to the environment. While there is a growing consensus that the right to the environment can essentially be taken as a procedural right, the procedures and mechanisms through which it is monitored, supervised and enforced will take time to evolve. In an afterword the author reflects on some characteristic responses to the introduction of ‘new’ rights into the present human rights framework.