Giving Nature Constitutional Protection

GROUP A9 ANOOP MOHAN

MAHESH KUMAR

JERIN THOMAS

SUJAYA K

TINSY THOMAS

INTRODUCTION

Constitutional rights are, by their very nature, they confer a right to people and to people only. This argues, nonetheless, that it is possible to use constitutional environmental rights to defend nature from environmental harm. Many countries purport to grant their citizens a constitutional "right" to a healthy environment.

CONSTITUTIONAL PRESPECTIVE IN ASIA The right to a healthy environment be protected by

human rights law.

National Environment Appellate Authority.

National Environment Tribunal.

Animal Welfare.

Wildlife and Forest Conservation.

KEY POINTS Encourage governments to enact laws or enter treaties

which recognise the protection of the environment as a human right.

Effective right to the environment would include a range of procedural rights, such as the right of people to access information, to participate in decision-making and to seek remedies if they suffer harm as a result of a degraded.

“The environment is absolutely fundamental to people’s livelihood and to their culture. It’s important that it is understood as a stand-alone human right and that it be protected as such.

“Without the environment, a lot of other basic rights –such as the right to shelter, food and work – cannot be realised.

Encourage their national governments to consider establishing ‘green benches’ – environment-specific courts, tribunals or panels – and strengthen their capacity in national disaster preparedness, response and relief measures.

Working with the corporate and financial sector should also be a priority.

IN USA In the United States, violations of environmental laws

are generally civil offenses.

Many environmental laws provide for criminal penalties for egregious violations.

Environmental agencies include separate enforcement offices, with duties including monitoring permitted activities

The U.S. Environmental Protection Agency (EPA) is the most well-known federal agency, with jurisdiction over many of the country's national air, water and waste and hazardous substance programs.

The United States Forest Service and the Bureau of Land Management, tend to focus more on beneficial use of natural resources.

The U.S. Fish and Wildlife Service and National Park Service pursue primarily conservation missions.

The water law also continues to play a leading role in American water resources.

National Environmental Policy Act 1984

Clean Air Act (1970)

IN EUROPE Retain environmental and sustainable development

objectives and the integration principle.

Amend the outdated provisions of key policy areas.

Eliminate unanimity requirement from environmental decision-making

Access to justice.

Charter of Fundamental Rights/ Legal personality of EU.

Subsidiary and the role of national parliaments.

Waste management policy is geared primarily to preventing the appearance of waste. The government also strives to recycle as much waste as possible.

The Environmental Management Act is the centrepiece of eco-legislation and determines what (legal) tools can be deployed to protect the environment.

The EU Regulation describes how businesses should address the issue of working with chemicals. This aims to protect people and the environment against the dangers of chemical substances.

IN AFRICA Environment, Energy, and Resources Section.

Energy Policy Act.

Environmental Law Institute.

Natural Resources Defense Council (NRDC).

Environmental Protection Agency (EPA) - Laws and Regulations.

THE CONSTITUTION PROVIDES National Biodiversity Strategy and Action Plan.

South African Manual For Outdoor Advertising Control.

National Strategy for Sustainable Development.

National Waste Management Strategy Implementation.

Green Scorpions: Environmental Management Inspectors.

South African Air Quality Information System (SAAQIS)

Social Responsibility Projects on environment.

New National Waste Management Strategy.

South African Waste Information Centre.

CONCLUSIONThis current understanding and enforcement of environmental rights is flawed because it is too anthropocentric. A right to a healthy environment should actually guarantee a healthy environment, not just an environment that satisfies minimal health standards for humans. This environmental rights should protect nature's biodiversity and this goal can be accomplished within a workable constitutional-rights framework

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