Enjoying human rights is genuinely based on environmental protection. Environmental protection depends on exercising human rights in return by countering environmental degradation. A clean and healthy environment is mandatory for the provision and security of an individual’s rights. In 1972, the participants of the Stockholm Conference recognized a close relationship between human rights and the environment. A declaration was proclaimed on human rights and the environment by stating that “[everyone] 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 being.” The conference professed the dire and immediate need of performing responsibilities for the improvement and protection of the environment for the survival of the present and coming generations.
Human Rights as Legal Phenomenon
“Human rights” is a legal phenomenon, but the “environment” is social as well as climatic. However, a deep relationship has developed between both concepts. The relationship is hard to comprehend by separating them from each other. Because an adequate and healthy environment is necessary to enjoy the primary rights or human rights. That is the reason; the environment is given the status of “pre-condition” or “pre-requisite” for the provision and protection of human rights.
Currently, human rights and the environment have gained the attention of the global community and intellectuals. Growing international trends of debate and dialogue on the foreseen threats of the environment to human rights are still striving human brains to draw a consensus and policies. However, world leaders and organizations could not develop a mutual narrative on the legal status of the environment.
International Legal Instruments
The former Human Rights Commission and the current Human Rights Council have accepted the expected danger to human rights by environmental violations. Myriad rights are non-derogable following the Charter of Human Rights. The Right to Life is the foundation, according to article 3 of the Universal Declaration of Human Rights (UDHR). Following international law, no state or authority can suspend the non-derogable rights even in the situation of emergency. The article 3 is the base of all human rights; that is the reason; the Human Rights Commission has dictated that the article is not to interpret narrowly.
The Non-Derogable Rights
It further states that all states should take and precautionary measures to increase life expectancy by minimizing infant mortality. However, non-derogable article 3 of the Universal Declaration of Human Rights is under the challenge of environmental disasters that are affecting human lives severely and posing a grave threat to human health by diseases. Moreover, the long-term harsh climatic variations and environmental degradation are paving the way for life-threatening circumstances and diseases.
In the border spectrum, the right to adequate food is an integral part of standard living. The standard living also encircles the right of clothing, housing, and clean water, which are the basics of the “right to life”.
Universal Declaration of Human Rights
Article 19 of the Universal Declaration of Human Rights (UDHR) and Article 19 of International Covenant on Civil and Political Rights refer to the “rights to information”. Article 21 of the UDHR and Article 25 of the ICCPR empower people with the right to “participation in decision-making” process. Article 2 of UDHR and article 3(a) of ICCPR deal with the right to “access to justice”.
In the contemporary era, every country is producing carbon and degrading environment. The only solution seems the implementation of article 2 of UDHR and article 3(a) of ICCPR. These articles deal with the right to “access to justice”. UNO should develop a comprehensive mechanism to make sure enforcement of the article fairly on all the countries. On the countries which are polluting the environment and posing a threat to nature and breaching the “right to life”. The public should be facilitated by UNO to suit against its respective government for justice to stop the government from degrading the environment. Remediation or restoration of the degraded environment should be provided under the extension of article 2 of UDHR and article 3(a) of ICCPR.
