The Right to a Healthy Environment: Analyzing Legal Frameworks and Implementation Challenges

Authors

  • Arti Research Scholar, Faculty of Legal Studies, Motherhood University, Roorkee, Haridwar, Uttarakhand, India
  • J.S.P. Srivastava Dean, Faculty of Legal Studies, Motherhood University, Roorkee

Keywords:

Human Rights, Environmental Law, Implementation Challenges, Sustainable Development, Legal Frameworks

Abstract

This comprehensive research endeavors to dissect the intricate relationship between human rights and
environmental well-being, with a primary focus on "The Right to a Healthy Environment." By
conducting a meticulous analysis of diverse legal frameworks, ranging from international conventions
to domestic regulations, the study aims to elucidate the evolving landscape of rights associated with a
healthy environment. It scrutinizes the rights conferred upon individuals to live in an environment
conducive to well-being and the corresponding duties imposed on states and entities to ensure
environmental sustainability. The research extends beyond a mere exploration of legal provisions and
delves into the complex terrain of implementation challenges. Unraveling the practical intricacies of
enforcing these rights, the study addresses issues such as the effective enforcement mechanisms,
institutional capacities, and the often-intricate balance required when reconciling environmental
concerns with economic and developmental imperatives. By shedding light on both the theoretical
foundations and the real-world challenges, this study aims to inform policy discussions and advocacy
efforts aimed at fostering a more sustainable and rights-centric approach to environmental governance.

DOI: 10.5281/zenodo.10444919

Author Biographies

Arti, Research Scholar, Faculty of Legal Studies, Motherhood University, Roorkee, Haridwar, Uttarakhand, India

Research Scholar, Faculty of Legal Studies, Motherhood University, Roorkee, Haridwar,
Uttarakhand, India

J.S.P. Srivastava, Dean, Faculty of Legal Studies, Motherhood University, Roorkee

J.S.P. Srivastava

References

FES and LAW-E. 2001. Proposed Amendments to the Constitution of India for Ensuring

Environment Protection and Nature Conservation. Submission to the National Commission to

Review the Working of the Constitution. Foundation for Ecological Security, Anand, with

Legal Action for Wildlife and Environment, Delhi.

Divan, S and Rosencranz, A. 2001. Environmental Law and Policy: Cases, Materials and

Statutes. Oxford University Press, New Delhi.

Upadhyay, Sanjay and Upadhyay, Videh. 2002. Handbook on Environmental Law, Vol. 1-3.

LexisNexis-Butter worths, Delhi.

New paper/ website

https://www.ohchr.org/en/special-procedures/sr-environment/about-human-rights-andenvironment

https://www.genevaenvironmentnetwork.org/resources/updates/human-rights-and-theenvironment/

https://www.unep.org/news-and-stories/story/human-rights-and-environment

https://hrp.law.harvard.edu/areas-of-focus/human-rights-the-environment/

https://www.humanrights.is/en/human-rights-education-project/human-rights-conceptsideas-

and-fora/human-rights-in-relation-to-other-topics/human-rights-and-the-environment

https://www.ohchr.org/en/special-procedures/sr-environment/framework-principleshuman-

rights-and-environment-2018

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Published

15-12-2023

How to Cite

Arti, & J.S.P. Srivastava. (2023). The Right to a Healthy Environment: Analyzing Legal Frameworks and Implementation Challenges. RECENT RESEARCHES IN SOCIAL SCIENCES & HUMANITIES, 10(4), 49–55. Retrieved from https://ijorr.in/ojs/index.php/rrssh/article/view/110