Environmental rights play an essential role in guaranteeing people a particular level of environmental quality. When people perform duties following a specific set of rules, it is evident that these people develop a specific opportunity for ensuring that people have adequate information related to the precise use of environmental resources. Many nations continue to permeate the constitution both by amendment and the focus on being included in the original iteration. Approximately 92 countries have adopted mechanisms for ensuring that citizens have access to health environment which constitutes clean water, excellent environment and free from pollution. 1 Several states have established rights that focus on creating guidelines for people as they use and live in the environment. Though nations usually have the same objective in their activities, it is evident that countries use different environmental rights to administer climate protection rights. This paper provides different language approaches to understanding the operation of an environment.
Regarding environmental rights, each person has a right to healthful environment. This information indicates that people tend to engage in activities that harm the environment without considering the effects that these actions cause to other individuals. As a result, this environmental right is appropriate in governing the activities conducted by people because they minimize the adverse reactions of people that may lead to the creation of environmental pollution. For example, business people especially the owners of factories tend to increase the level of output without including the social costs exposed to people through contamination. In this case, if people and companies enforce the language that every person has the right to a healthy environment, there will be a reduction in environmental pollution.
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This language seeks to reduce the level of environmental pollution, deforestation, and over the use of land resources because there will be a reduction in the issues associated with an increased level of competition for land resources. This policy and approach are different from other rights because it focuses on protecting the environment rather than engaging in activities from the side of the citizens rather than creating a direct reduction of environmental pollution through the firms and factories. 2 However, this environmental right is enforceable by the law through the establishment of an approach that seeks to establish rules and regulations governing land use and expected maximum rate of pollution from industries. In this case, nations will have to establish defined charges for an individual or firm that violates each of the regulations. This policy has worked in the city of Illinois where there is an establishment of the rights associated with the rights to a clean environment.
Environmental rights may also expand to include other activities such as the inclusion of scenic events such as coming up with the argument that each has the right to come to have access to scenic, historical, and aesthetic value of the state. Though this policy appears toile under the right to access a healthy environment, it is evident that this policy usually focuses on ensuring that people have access to both natural materials and also the historical artifacts and equipment that define the beauty of the environment. Choosing this approach targets at increasing the rate at which people in a particular community or state can trace their beautiful environment through historic preservation and have the right to access such events and materials. 3 The inclusion of the reasons to obtain historical and aesthetic values show that people both in the current and future generations can have access to the past and aesthetic values of their environment because the rights for every person to access these materials creates a chance for protecting the environment.
Several countries such as the United States and the US and Pennsylvania have established rights and regulations that they focus on ensuring that there is the establishment of the rights for every person including future generations top access their historic wealth of an environment. Environmental policies designed to meet these obligations and rights focus on ensuring that all people have the right to protect and use the ecological resources while preserving its value for other people. Right to aesthetic value is enforceable because it has different alternatives that can be applied in addressing the challenges facing the environment. For instance, the court can come up with strategies that monitor and make judgments for people found to violate the rules associated with environmental protection. The self-executing model can also be applied in ensuring that people develop sense and willingness to achieve the expected goals.
Every individual has the right to ecologically balanced environment. This model focuses on creating an understanding that people in the society usually have the right to live in a clean environment with access to all the requirements obtained from the environment. However, increased environmental contamination has been the fundamental cause for the increased level of damaging the ecology such that people do not have access to clean water and food which causes adverse effects on the well-being of the people. In an attempt of preventing this policy, it is undeniable that people ought to develop an understanding that environment is an asset for use by all people in the community and that it is their responsibility to protect the environment. Protection involves the need for people to ensure they monitor their activities and those of other people in society to reduce the adverse effects associated with increased level of environmental contamination.
The rationale behind this model is to ensure that there is a creation of awareness among the people in the society to increase the rate at which people develop an understanding the obligation that they have in protecting the environment. They realize that they have the right to protect the environment and create awareness for understanding the manner in which their activities affect the environment thus damaging ecological balance. This constitutional model of the environment is enacted in several countries such as Brazil where it has become the right for every person in the society to understand the benefits they receive from the situation and take responsibility for protecting its use. 4 This right is enforceable because the court gives the public authority and the community an obligation to monitor the operations of people and the effects that their actions cause to the environment.
Every individual in the society has the right to live in a pleasant environment that is free from any form of pollution. This information indicates that people have the right to sue any individual or company that operates in a manner that is likely to cause environmental harm. A pleasing environment ensures that though people have an opportunity for using resources in an environment, it is beneficial that people should establish a way of producing the environment such that the court exercises limitations on the level of pollution that people may cause to the environment. The objective of this policy is to reduce the level of waste material disposal to areas occupied by people. This constitutional right ensures that whenever people in the community find it challenging to survive in a particular environment, there is likelihood that people will have a chance to inform the authority in the society.
This strategy has been enacted in other countries such as Nepal. In Nepal, the court has exercised rules indicating that people in the society have the right to question and obtain information related to their well being or the public depending on the information required in understanding the effects that particular activities conducted in the environment could harm their life. 5 Every individual in this state has an opportunity for ensuring that all people are empowered to question the authority about issues that appear not to be clear about the environment. This constitutional right differs from the one enacted in Nepal because it focuses on creating transparency between the authority and the citizens. Though it is enforceable through the legislation, it creates a chance for the people involved in the discussion to solve the issue before involving the authority. The legislation of this right gives the court an opportunity to intervene in cases where there might be a violation of the rights of a person to question the behavioral effects that particular activities may have on the environment and the well being of the people. 6
Constitutional rights to the environment are essential, and they take different forms in society. As a result, there is a need for establishing different human rights and responsibilities for ensuring that people have an opportunity for participating freely in various activities. In situations where people become aware of their obligations and duties in protecting the environment, there is likelihood that people in a position to reduce the effects that their activities usually have on the environment. For instance, every person has the right to have access to a clean and healthy environment. The constitutional right focuses on reducing the emission of substances that are harmful to the health of people thus increasing the rate at which people ought to protect the environment. People also have the right to a balanced ecological environment where they need to have access to clean water, air, and live in an environment that is free from diseases. The right to question the effects that each of human activities can have on the environment also affect the ways in which people develop methods of monitoring and addressing the activities conducted by other people.
References
Scott, J. (2016). From Environmental Rights to Environmental Rule of Law: A Proposal for Better Environmental Outcomes. Mich. J. Envtl. & Admin. L. , 6 , 203.
Percival, R. V., Schroeder, C. H., Miller, A. S., & Leape, J. P. (2017). Environmental regulation: Law, science, and policy . Wolters Kluwer Law & Business.
Plater, Z. J., Abrams, R. H., Graham, R. L., Heinzerling, L., Wirth, D. A., Hall, N. D., & Graham, R. L. (2016). Environmental law and policy: Nature, law, and society . Wolters Kluwer Law & Business.
Sharma, B. P. (2010). Constitutional Provisions Related to Environment Conservation: A Study. Kathmandu: IUCN Nepal .
