Human Rights and the Environment: Interconnectedness of Fundamental Human Rights with the Environment

Abstract:

The concept of human rights has been intrinsically intertwined over the past years in words and application. Human rights are defined as rights which are inherent in nature and applies to all humans, without discrimination and regardless of nationality, region, sex, race, religion sexual orientation, gender identity, disability, national or ethnical origin or any other status. Environment can be understood as a space or situation that surrounds a being, it is also referred to as the conditions and circumstances in which something or someone’s growth is influenced. 

Considering that environment has the ability to influence a person’s growth, whether to hamper such person’s growth or to promote it, we will attempt to delve into the relationship between our environment and Human rights. How our actions affect the environment and consequentially, how the environment impacts our basic Human rights. 

Environmental protection has been a crucial issue for National and International Organizations, it is based on the fact that the environment has been in either ways overused, abused or our daily activities have negatively affected the environment which consequentially has an adverse impact on human existence. Some of these activities includes: 

• Deforestation: when we cut down trees for commercial purposes and do not replace those trees. Such acts are considered harmful to the environment and could result to harsh environmental reactions i.e. soil erosion, landslide etc.
• Air Pollution: when we engage in any activity whether burning of garbage, improper disposal of garbage and/or carbon monoxide from vehicles which can pollute the air thereby contributing to global warming. Other activities include;
•   Land degradation, water pollution, plastic pollution, loss of soil diversity etc.

These activities have proven times and again that, failure to protect the environment, human existence would be at risk. Therefore, ensuring such protection, has now become more than a national issue that all International partners including climate change organizations and human rights activists whether local or international have joined to combat the inappropriate use of the environment and to protect and uphold its sustainability. E.g. United Nations Framework Convention on Climate Change. Ministry of Environment Forest and Climate Change MoEFCC (India) Central Pollution Control Board CPCB-India etc.

In a likewise manner, protection of human rights is a National and International issue because humans are everywhere and across all boarders and as such there is legal framework which protects them from discrimination, torture/or inhumane treatment such as, slavery, human trafficking etc. In a broader sense, human rights are inclusive of civil and political rights, economic and socio-cultural rights and collective rights. Together these rights are expressed and guaranteed by law e.g. the Universal Declaration on Human Rights UDHR, the International Convention on Civil and Political Rights ICCPR and the International Convention on Economic Social and Cultural Rights ICESCR.

Human rights must be protected and upheld in the constitutional framework of the country i.e. Its Constitution must embody principles of fundamental human rights.

Keywords: Human rights, Environmental protection, International frameworks on human rights and environmental protection, Universal Declarations on Human Rights UDHR, UNEP, CPCB MoFCC.

Introduction:

Historically, the first international recognition of the link/relationship between human rights and environment was in the Stockholm Conference of 1972 also known as the 1972 Stockholm Declarations by the United Nations Conference on the Human Environment which declares that man has the fundamental right to freedom, equality and adequate conditions of life in an environment that permits and supports a dignified life. 

Furthermore, Principle 21 of the Declarations provides States with the responsibility to ensure that all activities carried out within its jurisdiction or territory do not cause damage to the environment of other states or of areas beyond the limits of national jurisdiction. 

Overview of the Stockholm Declarations of 1972:

The Stockholm Declarations is a landmark document which outlines 26 principles for international cooperation on environmental issues, recognizing the global importance of the environment and setting up a foundation for environmental governance. Adopted in 1972 by the United Nations Conference on the Environment which brought together 122 countries including India. 

The Declarations has total of 26 Principles that establishes a framework to address environmental challenges and foster international cooperation. Recognizing the connections between economic development, the adverse impact of poverty on the environment, particularly with focused on developed countries. The conference also led to the establishment of the United Nations Environment Programme UNEP which is today, the central body in charge of environmental affairs. It was after this international recognition that States started to identify the relationship between human rights and the environment. 

Research Methodology:

This paper is of exploratory and descriptive nature and the research is based on primary and secondary sources only. These sources describe and compare the relationship and interconnection between Fundamental Human Rights and the Environment highlighting India’s approach to breach the gap between the two concepts and the International approaches. The Primary sources includes relevant case laws and international treaties whereas, the Secondary sources of information used in this paper are from journals, articles, websites etc. 

Review of Literature: 

Some basic Human rights cannot be enjoyed within an environment where the government has failed to take recognition of the interconnectedness between peoples’ right and the environment. For our basic human rights to be enjoyed, the government must enforce not only its protection but also protection of the environment within which the people live and survive.

A typical example of these rights which must be connected with environment includes; our right to life, liberty, security, etc.

Article 21 – right to life; interconnection with environment.

A sustainable and clean environment is essential for the enjoyment of our fundamental right to life, and the fulfillment of human basic needs. Environmental degradation can threaten our health, livelihood and even our survival. Right to a healthy environment is often linked with our right to life and has been recognized by many legal frameworks. Pollution, deforestation and climate change can all negatively impact people’s health, climate change such as floods droughts etc. can also have adverse impact on their livelihood and consequentially leads to displacement and/or migration. The fact remains that, environmental degradation violates a wide range of fundamental human rights including the right to life, healthy environment, cultural identity and even freedom of movement.

Courts recognition of the interconnectedness of right to life with the environment:

Article 21 of the Indian Constitution provides for the protection of our right to life and personal liberty.  This can be noticed in the case of Subhash Kumar v State of Bihar wherein the Hon’ble Supreme Court held that the right to life is a fundamental right under Article 21 and is inclusive of the right to a pollution-free environment (water and air). 

Legal frameworks on the enforcement and protection of our fundamental human rights:

Article 3 of the Universal Declarations of Human Rights UDHR likewise provides for the enforcement of our right to life, liberty and security.

Article 16 of the 1988 African Charter on Human and Peoples Rights provides that; 

‘Every individual shall have the right to enjoy the best attainable state of physical and mental health. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick’.

In furtherance, this right includes the right to a satisfactory environment favorable for development and free dispose of wealth and natural resources.

The basic fundamental rights cannot be fully enjoyed if the environment does not favor the peoples’ survival, they cannot realize their full potentials. The right to life can be threatened by environmental impacts such as, flood, drought, etc. the right to physical health can be threatened by factors like, air pollution, water pollution, etc. the right to mental health can be consequentially threatened by those factors which impacts the people’s life, security, dignity and physical wellbeing. Collectively these rights are the basic structure of the right to a safe and healthy environment.

Institutional Organizations and Legal Frameworks Protecting Human Rights and Environment:

Internationally, the organization charged with protecting the Environment at a global level is, the United Nations Environment Programme UNEP. It was established following the Stockholm Declarations of 1972 Conference of the United Nations Conference on the Human Environment. The conference was attended by over 122 countries including India.

For the protection of human rights, the United Nations UN is the primary body charged with such responsibility. The United Nations does so by using variety of mechanisms such as; creating international human rights laws, by monitoring states’ compliance with human rights treaties and sometimes by conducting awareness campaigns.

As put by the United Nations Academic impact; ‘One of the greatest UN achievement is the creation of a comprehensive body of human rights law, a universal and internationally protected code to which all nations and all peoples can subscribe and aspire. Its foundation includes the United Nations Charter adopted by the UN General Assembly in 1945 and the Universal Declarations of Human Rights UDHR adopted in 1948’.

Additionally, numerous Non-governmental Organizations like Amnesty International, Human Rights Watch, the International Federations of Human Rights IFDH works actively in monitoring, advocating for and providing assistance related to human rights. 

The primary institution that is responsible to protect human rights in India is the National Human Rights Commission NHRC and several other human rights (national or statewide) institutions are created to safeguard, protect and investigate human rights violations across India e.g. National Commission for Women, National Commission for Protection of Child Rights, National Commission for Minorities etc.

The largest legal framework protecting Human rights in India is the Indian Constitution which basically guarantees fundamental rights such as equality, non-discrimination, freedom of speech and conscience, freedom of religion, right to life and personal liberty. These fundamental rights are enshrined in the constitution under the provisions of Article 14-32 (Part III). The Protection of Human Rights Act, 1993 which led to the establishment of the National Human Rights Commission NHRC. 

Other international treaties to which India subscribes are also legal frameworks which protects and safeguard human rights in India, i.e. the International Conventions on Civil and Political Rights ICCPR, the International Conventions on Economic Social and Cultural Rights ICESCR are international treaties to which India has subscribed and are frameworks which safeguards the protection of human rights in India and other UN member states.

Suggestions and conclusion:

Fundamental human rights can not be fully enjoyed when the environment is not protected and sustainable development measures are not implemented. Human existence stands at threat and fundamental rights enjoyment becomes infiltrated by the threats posed by the environment. It is important that the State not only recognize the linkage between human rights and the environment but the State must bridge the gap between the two and ensure its enforcement parallelly. 

The government must ensure proper education and awareness to citizens on how to protect the environment form harmful activities, sponsoring such programs which creates and inspires citizens to combat harmful environmental activities, the state must organize programs that promotes environmental awareness. The state must ensure that legislations protecting human rights and environment are enforced. 

Citizens should refrain from activities which causes harm to the environment such activities include water pollution, air pollution, land degradation etc. these activities not only infringe on fundamental human rights but also threatens the sole existence of humans.  

References: 

1. BY JU’S | Environment and its impact| Last visited August 5, 2025 https://byjus.com/english/article-on-environment/
2. Stockholm 1972| United Nations Declarations Conference on the Human Environment|page 4 file:///C:/Users/HP/Downloads/6471.pdf
3. African Charter on Human ad Peoples Right 1988| United Nations Treaty Series| African State Members of the Organization of African Unity OAU| Article 16 https://treaties.un.org/doc/Publication/UNTS/Volume%201520/volume-1520-I-26363-English.pdf
4. United Nations| Academic Impact| last visited August 7, 2025 https://www.un.org/en/academic-impact/human-rights
5. National Human Rights Commission (India)| last visited August 7, 2025 https://hlrn.org.in/documents/National_Human_Rights_Institutions.htm#:~:text=National%20Human%20Rights%20Commission,www.ncst.nic.in

6. Human Rights Commission| intergovernmental Human Rights Organizations https://www.humanrightscommission.ky/intergovernmental-human-rights-organisations#:~:text=United%20Nations%20(UN),rights%20obligations%20every%20four%20years.