Volume 6 - Issue 2 (5) | PP: 159 - 179
Language : العربية
DOI : https://doi.org/10.31559/LCJS2025.6.2.5
DOI : https://doi.org/10.31559/LCJS2025.6.2.5
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Environmental Protection as a Human Right
| Received Date | Revised Date | Accepted Date | Publication Date |
| 23/5/2025 | 19/6/2025 | 1/7/2025 | 3/8/2025 |
Abstract
Objectives: This study aims to highlight the human rights dimension of environmental protection within international human rights law, and to analyze the growing recognition of the environment as an independent right, particularly in the context of third-generation rights, including future generations and global environmental justice. Methods: The study uses a descriptive-analytical approach, relying on legal literature and core international instruments such as the International Covenant on Economic, Social and Cultural Rights. It also examines regional court opinions (notably the Inter-American Court of Human Rights) and compares relevant legal precedents and environmental charters. Results: The research found that environmental protection does not necessarily require new rights, but can be realized through an expanded interpretation of existing rights-especially the right to life. It also noted that the progressive realization principle weakens the legal enforceability of environmental rights in urgent contexts. Furthermore, the study showed that international law still prioritizes human interests without recognizing the legal standing of nature. Conclusions: The study calls for a fundamental reconfiguration of the relationship between humans and the environment in international human rights law, through the recognition of nature as a legal subject and the adoption of participatory environmental justice and intergenerational solidarity.
How To Cite This Article
Alhamdan , A. A. (2025). Environmental Protection as a Human Right. International Journal of Legal and Comparative Jurisprudence Studies, 6 (2), 159-179, https://doi.org/10.31559/LCJS2025.6.2.5
Copyright © 2025, This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.