This paper sets out to consider all the alternatives for the enforcement of the environmental right, bringing into focus the various human right instruments both at the international and regional level.
The constant degradation and pollution of the environment has stimulated both at the international and national level concerns as to its effect on the natural resources, wild life and human life. It has in fact been considered as the fourth generational right in the generational matrix due to the rising global issues of conversion of natural resources and safeguard of the environment. At the international scale, the United Nation in its sustainable development growth program has incorporated these environmental issues as part of its goals; climate action (Goal 13); life below water (Goal 14); life on land (Goal 15). At the regional and national level, environmental rights have been incorporated in the African charter and the 1999 constitution of Nigeria, respectively. The vagueness of these provisions have made its realization slim in view of the difficulty the court would be faced with interpreting such provisions in line with the prevalent situations in Nigeria. This paper seeks to look at the provisions of international, regional, and national human right instruments that guarantees the right to a clean and healthy environment and how they can be applied to enforce such right in Nigeria.
Table of Contents
- 1. Introduction
- 2. Environmental Right and International Law
- 3. Environmental Right at the Regional Level
- 4. Environmental Right in Nigeria
- 5. Environmental Right in Other Jurisdictions
Objectives and Key Themes
This paper aims to examine the provisions of international, regional, and national human rights instruments that guarantee the right to a clean and healthy environment and explore how these provisions can be applied to enforce this right in Nigeria. It investigates the challenges in enforcing environmental rights due to the non-justiciable nature of certain constitutional provisions and explores alternative mechanisms for enforcement.
- The right to a clean and healthy environment as a human right.
- Enforcement mechanisms for environmental rights in Nigeria.
- Analysis of international and regional human rights instruments related to environmental protection.
- The role of the African Charter on Human and Peoples' Rights.
- Comparison of environmental rights enforcement in different jurisdictions.
Chapter Summaries
1. Introduction: This introductory chapter establishes the context of environmental degradation in Nigeria and highlights the limitations of existing legal frameworks in protecting the right to a clean and healthy environment. It emphasizes the discrepancy between the legal provisions guaranteeing this right and their practical enforcement, citing the non-justiciable nature of relevant constitutional provisions. The chapter sets the stage for exploring alternative avenues for enforcing environmental rights, focusing on international and regional human rights instruments.
2. Environmental Right and International Law: This chapter traces the evolution of international legal recognition of the right to a healthy environment. It highlights the initial absence of environmental concerns in early UN charters and the subsequent shift towards incorporating environmental sustainability in the Sustainable Development Goals (SDGs). The chapter analyzes relevant articles within key international human rights instruments, such as the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR), demonstrating how these instruments, while not explicitly guaranteeing a right to a healthy environment, indirectly support it through provisions related to health, adequate living standards, and cultural rights. It also examines relevant interpretations by the Committee on Economic, Social and Cultural Rights regarding food safety and housing. Case studies are presented highlighting attempts to use international human rights mechanisms to address environmental concerns, revealing the difficulties in establishing causality between environmental harm and human rights violations and the stringent burden of proof on claimants.
3. Environmental Right at the Regional Level: This chapter focuses on the African Charter on Human and Peoples' Rights, analyzing its role in enforcing environmental rights within the Nigerian context. It explores the legal standing of the charter within the Nigerian legal framework and discusses scholarly opinions supporting its use as an enforcement mechanism for socio-economic rights, including environmental rights. The chapter suggests that the charter could provide a crucial pathway for legal recourse concerning environmental degradation in Nigeria, offering a complementary framework to the national constitution.
Keywords
Environmental rights, human rights, Nigeria, African Charter on Human and Peoples' Rights, international law, enforcement mechanisms, sustainable development, environmental degradation, legal frameworks, socio-economic rights.
Frequently Asked Questions: A Comprehensive Language Preview
What is the main topic of this document?
This document is a comprehensive language preview of a paper examining the right to a clean and healthy environment in Nigeria, focusing on the application of international, regional, and national human rights instruments to enforce this right.
What are the key themes explored in the paper?
The key themes include the right to a clean and healthy environment as a human right; enforcement mechanisms for environmental rights in Nigeria; analysis of international and regional human rights instruments related to environmental protection; the role of the African Charter on Human and Peoples' Rights; and a comparison of environmental rights enforcement in different jurisdictions. The challenges of enforcing environmental rights due to the non-justiciable nature of certain constitutional provisions and exploration of alternative enforcement mechanisms are also central themes.
What is the structure of the paper?
The paper is structured into five chapters: an introduction, a chapter on environmental rights and international law, a chapter on environmental rights at the regional level, a chapter focusing on environmental rights in Nigeria, and a chapter comparing environmental rights in other jurisdictions. The preview includes a table of contents, objectives and key themes, chapter summaries, and keywords.
What international legal instruments are discussed?
The paper discusses the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights (ICESCR), examining how these instruments indirectly support the right to a healthy environment through provisions related to health, adequate living standards, and cultural rights. It also references the Sustainable Development Goals (SDGs).
What is the role of the African Charter on Human and Peoples' Rights?
The paper analyzes the African Charter on Human and Peoples' Rights and its role in enforcing environmental rights within the Nigerian context. It explores the charter's legal standing within the Nigerian legal framework and its potential as an enforcement mechanism for socio-economic rights, including environmental rights.
What are the challenges in enforcing environmental rights in Nigeria?
A significant challenge highlighted is the non-justiciable nature of certain constitutional provisions related to environmental rights. The paper explores alternative mechanisms for enforcement, including leveraging international and regional human rights instruments.
What are the chapter summaries provided in the preview?
The preview provides summaries for each chapter, outlining the key points covered in each section. These summaries detail the introduction, the evolution of international legal recognition of the right to a healthy environment, the focus on the African Charter at the regional level, and the specifics of environmental rights within the Nigerian legal system.
What keywords are associated with this paper?
Keywords include: Environmental rights, human rights, Nigeria, African Charter on Human and Peoples' Rights, international law, enforcement mechanisms, sustainable development, environmental degradation, legal frameworks, socio-economic rights.
- Citar trabajo
- Joel Odili (Autor), 2018, Environmental protection in Nigeria. A human rights approach, Múnich, GRIN Verlag, https://www.grin.com/document/1137463
