Significance of Environmental Justice for Human Dignity: A Nexus between Right to life and Right to Environment

Abstract

The impact of environmental pollution, climate change, and loss of biodiversity poses a direct threat to the existence of human beings. This article examines the development and interaction of these two fields through references to legal instruments, constitutional provisions, and cases that support a sustainable environment for human rights. It posits that environmental rights should no longer be seen as secondary or optional, but as core, justiciable elements of contemporary human rights systems. The Article considers international and regional instruments both directly related to the environment, such as the ‘Stockholm Declaration’ and the ‘Aarhus Convention’, and those that are more general but have shown a strong environmental jurisprudence, including ‘the African Charter on Human and Peoples' Rights’, which constitutional courts, and human rights, bodies have interpreted in a manner supportive of environmental rights. From climate litigation in Europe and Asia to indigenous land defense in Latin America, the research uncovers an increasing acknowledgment that environmental degradation is a denial of human dignity and equity. There are overwhelming challenges, such as corporate impunity, weak implementation processes, and disparate impact on communities at risk, to advance environmental governance as an enforcement tool for human rights. This is emerging as a global trend where environmental and human rights enforcement are increasingly intertwining. This article argues that to realize green justice, strong legal structures are necessary, but it does not suffice to set boundaries. Even politics, judicial creativity, and public involvement for civil society may need to be included.