Bulletin n. 2-3/2012 | ||
October 2012-February 2013 | ||
David R. Boyd |
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The Constitutional Right to a Healthy Environment | ||
in Environment: Science and Policy for Sustainable Development , July/August 2012 , 2012 | ||
Environmental rights and responsibilities have been a cornerstone of indigenous legal systems for millennia.2 Yet the right to a healthy environment is not found in pioneering human rights documents such as the Universal Declaration of Human Rights (1948), the International Covenant on Civil and Political Rights (1966), or the International Covenant on Economic, Social, and Cultural Rights (1966). Society's awareness of the magnitude, pace, and adverse consequences of environmental degradation was not sufficiently advanced during the era when these agreements were drafted to warrant the inclusion of ecological concerns. From Argentina to Zambia, something extraordinary is happening. In communities, legislatures, and courtrooms around the world, a new human right is blossoming from seeds planted decades ago. The constitutional right to live in a healthy environment represents a tangible embodiment of hope, an aspiration that the destructive, polluting ways of the past can be replaced by cleaner, greener societies in the future. While no nation has yet achieved the holy grail of ecological sustainability, the evidence indicates that constitutional protection of environmental rights can be a powerful and potentially transformative step toward that elusive goal. As Gus Speth, former dean of the Yale School of Forestry, recently stated, “I am very excited about the move to rights-based environmentalism. Lord knows we need some stronger approaches.” | ||