Year: 2026
Type: book-chapter
Abstract: This chapter explores the evolving concept of the human right to a healthy environment, tracing its emergence, legal recognition, and implementation across various national and international frameworks. It outlines the normative, ethical, and practical justifications for environmental human rights and evaluates their integration into constitutional law globally, noting that approximately 85 nations explicitly recognize such a right. The text surveys judicial engagement, highlighting landmark court decisions that have advanced environmental protection and rights for both people and nature. Despite increasing momentum, the chapter acknowledges significant shortcomings—especially the limited evidence that formal recognition leads to materially improved outcomes. It contrasts direct rights recognition with alternative pathways like protecting established rights and enforcing environmental legislation. Ultimately, the chapter contends that while environmental human rights are gaining traction, further analysis is needed to determine their effectiveness relative to other strategies for achieving environmental goals.
Source: Edward Elgar Publishing eBooks
Author: James R. May
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7165775879