The Right to a Healthy and Sound Environment: A Study in Light of International Conventions and National Legislations

Abstract

The human right to live in a healthy and sound environment is a third-generation human right, recognized internationally, regionally, and nationally. Environmental protection is essential for human survival. This has prompted the international community, international organizations, and domestic legislation to work diligently to preserve the environment for present and future generations. This has made it a shared right that requires solidarity among states to protect and preserve it. Accordingly, numerous international and regional agreements and conferences have been concluded to establish restrictions, obligations, and penalties to achieve this goal. All states then strive to effectively implement environmental rights, to achieve environmental sustainability and reduce the negative impact of environmental pollution, both in the short and long term. The constitutional enshrinement of the right to a healthy environment elevates this right to the level of other fundamental rights guaranteed by the constitution, such as the right to equality, the right to freedom, the right to a fair trial, and the right to vote. With this enshrinement, the right to a healthy and sound environment becomes an independent and distinct right.