Tom Campbell, K.D. Ewing, and Adam Tomkins
Another concept of environmental rights conceives of such rights as included in existing human rights such as the right to life, right to health or the right to property also included in the constitution of India attached with the fundamental rights of the citizens. Further inclusion of the concept is treating environmental rights such as rights belonging to the environment itself. The concept is born with the situation occurring in the surrounding covering the whole world. In the resolution, the United Nations general assembly recalled the charter by stating the all the individuals are entitled to have the pure air and a healthy surrounding adequate of their living.
The resolution ensured for the betterment of the environment and to get purified the natural resources. During the three decades since the Stockholm Declaration, the links established in the conference were elaborated in various ways in international legal instruments and the decisions and working of human rights bodies were done accordingly. The first approach, perhaps closest to the Stockholm Declaration is one where environmental protection is described as a pre-condition to fulfilling human rights standards and the enjoyment of internationally guaranteed human rights especially the rights to life and health.
Environmental protection is thus an essential instrument in the effort to secure the effective universal enjoyment of human rights. Klaus Toepfer reflected this approach in his statement to the 57th Session of the Commission on Human Rights in when he said. The fundamental right to life is threatened by soil degradation and deforestation and by exposures to toxic chemicals, hazardous wastes, and contaminated drinking water… Environmental conditions clearly help to determine the extent to which people enjoy their basic rights to life, health, adequate food and housing, and traditional livelihood and culture.
It is time to recognize that those who pollute and destroy the natural environment are not just committing a crime against nature, but are violating human rights as well. It views certain human rights as essential elements to achieving environmental protection which has as a principal aim the protection of human health. The third approach and most recent is to deny the existence of any formal connection between human rights and the environment. Rather it views the links as indivisible and inseparable and posits the right to a safe and healthy environment as an independent substantive right.
Accordingly, there is no requirement for an environmental human right. The argument goes that, since the Stockholm Conference in , the international environmental law has developed to such extents that even the domestic environments of states have been internationalized. However, there are many who oppose this view arguing that there is, in fact, a benefit to bringing the environmental law under the ambit of human rights. The argument goes further that environmental law has in many parts of the world, at both international and domestic level suffered from the problem of standing; and because of this inherent barrier, it is often difficult for individuals or groups to challenge infringements on environmental law, treaties or directives.
Probably all of the treaties and agreements at the international level were drafted and signed long before when the environmental protection became an issue at the international level. As a result of this, there are certain instruments which can be helpful to the human rights but the exact solution of the situation is not found yet. But some of the instruments are helpful in solving the matter. The Universal Declaration of Human Rights, adopted and proclaimed by the United Nations General Assembly in , provides for the right to life, liberty, and security of persons in Article 3 and the right to health in Article Article 24 provides that states parties shall take appropriate measures to combat disease and malnutrition concerning Indigenous and Tribal People in Independent countries contains numerous references to the lands, resources, and environment of indigenous people.
When the problem of environment raised at the extreme level, there was the absence of the helpful policies in under environmental issues which have been raised incidentally, through the assertion of protected rights, such rights that protect the integrity of persons and their immediate surroundings. Consequently, environmental claims brought before the regional human rights convention controlling organs have been formulated as violations of:. After the Stockholm Convention and following from the development ratio that is taking place after working on the issue through the intervention of national and international and regional courts in various parts of the world, the courts are moving the right to healthy environment up the hierarchy of human rights by recognizing it as a fundamental right.
Human Rights Issues in India Essay
The basic rights granted are increasingly being enforced by courts. In India for example, a series of judgments between and responded to health concerns caused by industrial pollution in Delhi. In the case of Charan Lal Sahu V. Union of India, the supreme court of India interpreted the right to life guaranteed by Article 21 of the Indian constitution to include the right to wholesome environment. In the case of Subhash Kumar V. State of Bihar, the court observed that the right to life guaranteed under Article 21 of constitution includes the right of enjoyment of pollution- free water and air for full enjoyment of life.
Certain suggestions and recommendations for the challenges that can be seen in the context of the present paper. They are:. The research technique used for the present paper is Desk research and conceptual research. It includes the analyzing and gathering the data through online media.
Another research technique includes the analyzing the writings available on the concept that we opt for in the books by different authors. To conclude we can say that though human rights and environmental law are entirely a different discipline as a whole, evidently they both are closely connected. Human rights are the right enjoyed by the human being by virtue of them being human beings, on the other hand, there is need to protect the environment because these rights cannot be enjoyed to the fullest without the conservation and protection of the environment.
As we increasingly recognize the serious the impact of the environmental degradation on human health, we are better placed to adjust our policies and cultural practices to reflect our enhanced understanding. The proper usage if the natural resources should be done and should also see that both- environment and human rights are equally managed and no harm to the human life is done. The sustainable model of the world should be preserved so that future generations can get a proper and healthy environment.
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Ewing, and Adam Tomkins Abstract Reacting to the poor record of the UK Human Rights Act and similar provisions in protecting human rights, this book explores ways of promoting human rights more effectively through political and democratic mechanisms. More Reacting to the poor record of the UK Human Rights Act and similar provisions in protecting human rights, this book explores ways of promoting human rights more effectively through political and democratic mechanisms. Authors Affiliations are at time of print publication.
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