Essay On The Environment

Essay On The Environment-24
Principle 1 of the Declaration of the UN Conference on the Human Environment stated 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….’ Although many commentators were disappointed that the Stockholm Declaration did not expressly declare the existence of a new human right, yet this Declaration is in many ways the furthest the international community has come to recognize an independent human right to environment as it expressly declared that man was entitled to live his life in an environment of a quality that permitted a life of dignity and well being.

Principle 1 of the Declaration of the UN Conference on the Human Environment stated 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….’ Although many commentators were disappointed that the Stockholm Declaration did not expressly declare the existence of a new human right, yet this Declaration is in many ways the furthest the international community has come to recognize an independent human right to environment as it expressly declared that man was entitled to live his life in an environment of a quality that permitted a life of dignity and well being.The UN Conference on Environment and Development in Rio de Janeiro in 1992 further elaborated on this.

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Do these instruments signal the development and existence of a human right to environment?

The Author seriously doubts the existence of such a right.

Within this body of international law, dealing with protection of the environment, there exists a current of thought which argues that right to a clean or healthy or satisfactory or good environment has attained the status of a human right.

The logical corollary follows that human rights mechanism can be used to prevent the degradation of the environment.

The second part of the paper shows the existence of such a regime in international law.

The third part shows the same with respect to India.

The human right to environment can be understood in two contexts: either as an independent right existing separately or as a part of other existing human rights.

Some of the major international instruments like the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights preceded the groundswell of concern for the environment that has sprang up in the late sixties.

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