ANALYSIS OF THE LINK BETWEEN HUMAN RIGHTS AND ENVIRONMENTAL PROTECTION WITHIN THE EXISTING INTERNATIONAL HUMAN RIGHTS LAW

Abstract

Recent emergence and increased awareness of the need for conservation of the environment has certainly introduced a new dimension of human rights under the international human rights law. Although, the 1948 Universal Declaration of Human Rights did not contemplate or mention the environment, the world has begun to realise how much damage human activities could cause to the environment and mankind. This, coupled with the recognition of the inextricable relation between man and the environment, raise the question on the need for human rights law to recognise the importance of environmental protection. This is because, a safe and clean environment is integral to the realisation and full enjoyment of a broad range of human rights, including the rights to life, health, food, water and hygiene. Accordingly, human rights obligations in relation to a clean, healthy and sustainable environment became the core concern of the ‘mandate on human rights and the environment’ espoused by the UN General Assembly in 2022. Using doctrinal method, this article analyses the nexus between human rights and the environment under international human rights legal framework. The article finds that, beyond the inclusion of environmental issues in the broad range of human rights, there is no global/international agreement yet specifically on right to a healthy environment. It argues that environmental human right falls within the purview of the existing international human rights law, and recommends for a coherent and comprehensive universal human rights law on the environment.