2012
DOI: 10.1080/00139157.2012.691392
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The Constitutional Right to a Healthy Environment

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Cited by 36 publications
(29 citation statements)
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“…The conventional rights-based approach to environmental protection promotes the right of individuals or a group of individuals to a healthy environment. It is recognized by many countries through constitution, legislation or international agreements (Boyd, 2012). Procedurally, this means that the individuals whose rights are infringed by, for example, river pollution can bring their case to court for their rights to be protected.…”
Section: Conceptualizing and Operationalizing The Rights Of Riversmentioning
confidence: 99%
See 1 more Smart Citation
“…The conventional rights-based approach to environmental protection promotes the right of individuals or a group of individuals to a healthy environment. It is recognized by many countries through constitution, legislation or international agreements (Boyd, 2012). Procedurally, this means that the individuals whose rights are infringed by, for example, river pollution can bring their case to court for their rights to be protected.…”
Section: Conceptualizing and Operationalizing The Rights Of Riversmentioning
confidence: 99%
“…Getting agency also implies that non-human entities get legal standing to protect their substantive rights (Boyd, 2012). Another consequence of having legal personhood is that a river can be held liable by other involved actors.…”
Section: Environmental Rightsmentioning
confidence: 99%
“…Nearly one-half of countries worldwide have constitutions that include substantive environmental rights like those advanced in Robinson Township. 137 Substantive environmental rights are those that recognize a right to some degree of environmental quality, such as a right to an "adequate," "clean," "healthy," "productive," "harmonious," or "sustainable" environment. Moreover, environmental rights have been recognized as a component of non-environmental substantive rights, such as the right to life.…”
Section: Global Environmental Constitutionalismmentioning
confidence: 99%
“…Nation states have a recognized responsibility to protect their citizens and the environment (OHCHR 2016a;OHCHR 2016b;UNEP 2015). In more than 100 countries various notions of environmental rights have been given constitutional recognition (Boyd 2012). However, the extent to which a constitutional principle translates into an entitlement that gives citizens the power to hold their or other governments accountable for preventing pollution, claim damages due to environmental destruction, or ensure equitable access to natural resources of good quality is still hotly contested (Daly 2012).…”
Section: Recognition That a Healthy Environment Is A Rightmentioning
confidence: 99%