Environmental rights

Introduction to Environmental Rights Increasingly, environmental protection generally, and the particular role of the courts in implementing such protection, is being given shape by the creation or recognition of various enforceable rights. A growing number of international, constitutional and statutory provisions set forth rights that are relevant to and invoked for environmental protection.

Somali Provisional Constitution Art.25 and 45 of Somali Provisional Constitution. Environment management regime.

A. The Right to Information Access to environmental information is a prerequisite to effective public participation in decision-making and to monitoring governmental and private sector activities. It also can assist enterprises in planning for and utilizing the best available techniques and technology.

B. Public Participation Public participation is emphasized throughout international and national environmental law. Public participation is based on the right of those who may be affected to have a say in the determination of their environmental future

C. Access to Justice The right to an effective remedy, meaning access to justice and redress, can be found in both human rights law and in environmental law. The United Nations Covenant on Civil and Political Rights calls for states to provide a remedy whenever rights protected under national or international law have been violated.

D. Environmental Quality Art.25 (a) Every person has the right to an environment that is not harmful to their health and well-being, and to be protected from pollution and harmful materials.

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