ENFORCING THE RIGHT TO A HEALTHY ENVIRONMENT: GREAT BRITAIN'S EXPERIENCE
DOI:
https://doi.org/10.51547/ppp.dp.ua/2022.6.23Keywords:
law, healthy natural environment, international experience, implementation of law, protectionAbstract
The article examines the experience of Great Britain regarding the development and implementation of the right to a healthy natural environment into national legislation. It was established that from a legal point of view the recognition of the right to a healthy natural environment has significant procedural consequences. Taking as a guide the implementation of the right to a healthy natural environment by national jurisdictions, most states have adopted legislation that defines the procedural and material elements that allow the effective implementation of this right. It is indicated that, on the one hand, recognition of the right to a healthy natural environment often involves the defense of procedural rights, such as the right to receive information, to participate in decision-making on environmental issues, and to obtain access to justice. Along with procedural rights, the right to a healthy natural environment also includes a material component. By definition, the right to a healthy natural environment, regardless of its precise wording, protects the elements of the natural environment that support a dignified life. It provides for the preservation of basic human rights, such as the right to life, clean water, food, etc. It is concluded that the UN has set a significant advantage in recognizing the right to nature by recognizing the right to a healthy natural environment. This is certainly an important legal factor for restoring nature for its own sake. It is appropriate for the UK government to recognize the new resolution and take measures for domestic implementation. These steps will not simply recognize the right to a healthy natural environment, but will set a goal and create the prerequisites for its realization. They will give reasons to position Great Britain as one of the progressive countries that have taken measures so that everyone can realize the right to a healthy natural environment.
References
Boyd, D., Chapter 2: The Right to a Healthy and Sustainable Environment in Aguila, Y. and Viñuales, J.E., 2019. A Global Pact for the Environment-Legal Foundations. University of Cambridge. URL: https://globalpactenvironment.org/uploads/Aguila-Vinuales-A-Global-Pact-for-the-Environment-Cambridge-Report-March-2019.pdf
Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, 19 July 2018. URL: https://www.ohchr.org/en/special-procedures/sr-environment
ECHR, Öneryildiz v. Turkey, Application № 48939/99, judgement of November 30th, 2004.
ECHR, Lopez Ostra v. Spain, Application № 16798/90, judgement of December 9th, 1994.
Environment Act 2021. URL: https://www.legislation.gov.uk/ukpga/2021/30/contents/enacted.
Explanation of vote on resolution on the right to a clean, healthy and sustainable environment. URL: https://www.gov.uk/government/speeches/explanation-of-vote-on-resolution-on-the-right-to-a-clean-healthy-and-sustainable-environment
UK Government must use the opportunity of the Levelling Up and Regeneration Bill to embed the right to a healthy environment in domestic law. URL: https://www.wcl.org.uk/uk-government-must-embed-right-to-a-healthyenvironment-in-domestic-law.asp
Human Rights Act Reform: A Modern Bill of Rights – consultation. URL: https://www.gov.uk/government/consultations/human-rights-act-reform-a-modern-bill-of-rights/human-rights-act-reform-a-modern-bill-of-rightsconsultation
Bill of Rights Bill. URL: https://publications.parliament.uk/pa/bills/cbill/58-03/0117/220117.pdf
Levelling-up and Regeneration Bill (Amendment Paper). URL: https://publications.parliament.uk/pa/bills/cbill/58-
/0006/amend/levelling_rm_pbc_0722.pdf