Essay On Conservation Of Environment
This is because a clean and healthy environment is necessary to enjoy human rights in their entirety.Here the interests of the environment would have to be balanced keeping in mind the other human rights.21, 1986, specifically grants this right: ‘All peoples shall have the right to a general satisfactory environment favorable to their development.’ Article 11(1) of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights states ‘Everyone shall have the right to live in a healthy environment and to have access to basic public services.’ There is mention of this right even in the International Court of Justice jurisprudence.Judge Weeramantri in Case concerning Gabcikovo Nagymaros Dam deliberated on it.In 1991 Slovakia, as that part of the erstwhile Czechoslovakia where the Dam was supposed to be built, unilaterally implemented a variant of the Project thereby dramatically decreasing the amount of water flowing into Hungary.In 1993, the countries decided to refer the matter to the International Court.
Under such an approach, the human right to environment could be grouped under all three categories of human rights: civil and political rights; economic, social and cultural rights; and third generation rights.
The central theme of this paper is to answer whether there exists a human right to environment in the international arena and in India.
Shelton proposed three ways in which human rights law and environmental protection law could co-exist. He argues that the right to environment does not exist as a separate human right, rather it forms an integral part of other human rights.
Principle 1 of the Rio Declaration stated that ‘Human beings are at the centre of concerns for sustainable development.
They are entitled to a healthy and productive life in harmony with nature.’ Although this principle brought to the foreground the concept of sustainable development in the battle for environmental protection, it also recognized that human beings were the raison d’être for sustainable development and that they were entitled to a life in harmony with nature.