The state and the right to a healthy environment

Degraded environments, whether due to air pollution, oil spills, discarded waste, biodiversity loss, deforestation, or the effects of climate change, can have far-reaching human rights implications.

Source: jcomp/Freepik

Everyone has the right to a healthy environment. A healthy environment is considered a precondition for the realization of other human rights, including the right to life, food, health, and adequate standards of living. This is partly enshrined in the basic human right to health enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR), which notes that the state must ensure and protect the right to health by improving all aspects of environmental hygiene. In international law, there is a wide range of regional human rights instruments, such as the San Salvador Protocol, as well as through the establishment of the mandate for UN special procedures on human rights and the environment in 2012.

However, not all countries in the world recognize the right to a healthy environment. Adherents of the Global Environment Pact advocate universal recognition of the human right to a healthy environment in a binding international agreement as an important next step. The General Comment of the Human Rights Committee 36 states that “Environmental degradation, climate change, and unsustainable development are among the most urgent and serious threats to the ability of present and future generations to enjoy the right to life”. It is time for states to start treating it as such.

The right to a healthy environment in North Macedonia is protected by Article 43 of the Constitution which reads:

“Everyone has the right to a healthy environment. Everyone is obliged to promote and protect the environment and nature. The Republic provides conditions for exercising the right of the citizens to a healthy environment. ”

The right thus prescribed gives an active obligation to every citizen of the Republic to preserve and protect the environment, while the Republic itself has a duty to provide the conditions for the enjoyment of this right to its citizens.

The protection and obligations arising for the various actors in society in exercising this right are regulated by the Law on Environment as a separate law.

However, although from a legal point of view the state has taken steps to protect this right in the legislation, the practice shows that it is necessary to actively implement it and take urgent measures.

We must also emphasize the individual responsibility towards environmental protection. Everyone must be aware of their actions and must restrict themselves from increasing the amount of destruction of the environment. The enjoyment of this right depends on both the state and the people.

Activism supported by a legal basis leads towards  the right path to environmental justice. Citizens must actively demand from the state to take measures for environmental protection, greater responsibility, and full analysis of the impact on the environment in the decision-making processes or construction of projects that can lead to negative consequences. Sustainable development must be part of everyday life but also represented in the work of institutions.

Environmental advocates often dedicate their work to enforcing this principle and working to mitigate the effects of climate change.

I encourage you to start your own initiatives for environmental protection and to motivate people and institutions to be more responsible in their actions so that each of us, but also the future generations to enjoy the benefits that this beautiful planet provides us.

Evgenija Krstevska

Enviromental lawyer

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