Human and Civil Right to a Favorable Environment

Abstract

This chapter deals with the main stages of the formation of environmental rights in international law. The authors define the human right to a favorable environment as the possibility for every person, people, and the whole humankind to live with such a state of the Earths biosphere that ensures the maximum level of physical and mental health, as well as means eliminating global threats to the biosphere caused by human activity. It is stated that further development of the system of environmental rights will inevitably affect human rights and the environment, and the rights of environmental refugees. The main authorities of Russian citizens and public associations in the field of environmental protection are studied in terms of Russian legislation. These include right to establish public associations and non-commercial organizations which carry out activities in the area of environmental protection; the right to participate in assemblies, rallies, pickets, processions and demonstrations, referendums and other activities relating to environmental protection that are not contrary to legislation; the right of citizens to require state authorities, local government bodies and other organizations to provide timely, complete and reliable environmental information; the right to propose organization of a public environmental expert review and participate in it; the right to file complaints, applications and proposals concerning nature protection issues and the negative impact of it on state authorities, local government bodies and other organizations and to obtain timely and substantiated responses; the right of citizens to file claims in court for compensation for harm caused to the environment, as well as to their life, health and property, and the right to provide assistance to public authorities in settlement of environmental protection issues. Further, the authors consider environmental duties of citizens and their associations as well as state guarantees of citizens rights (i.e., a set of Russian conditions for the exercise of environmental rights and means of their protection in case of encroachment on them by the state or third parties).