Environmental rights

defined

environmental claim environmental right referred right environment. Refers to some kind of right or interest environmental legal relationship subject the provisions of the law, it behaves as subjects of rights to make or not to make certain behavior. As environmental laws such as the relationship between the main body of environmental protection at all levels of administrative competence off, enjoy the right to environmental impact report for approval according to the law, must also comply with the relevant jurisdiction, legal time limits, and shall not go beyond the orbit of law. The current Chinese law clearly stipulates no environmental rights, but implied in the constitution, civil law and environmental law. These include citizens in the living environment and ecological environment protection and improvement of the national rights of citizens living in the enjoyment of the right to life and health and their right to life and health from pollution and other public hazards due to violations of the right to Finn environmental pollution damage those who have requested removing the hazard, damages and rights to sue people's court.

content

environmental rights means everyone enjoys the inherent and inalienable right to a healthy environment, environmental rights derived from the human right to life, a healthy external environment is a human survival and development must, therefore environmental rights should belong to the category of the fundamental rights of human beings. Since the 20th century, serious ecological pollution and scarcity of resources worldwide threat to human survival and development of security itself. · As a new human rights advocates, environmental rights proposed in the 1960s, and gradually get public support in the moral and legal. In 1960, a doctor accused Federal Republic of Germany to the European Commission on Human Rights, to the North Sea dumping is the behavior of human rights violations, and proposed. Citizens have the right to live in a well-appropriate environment. Which led people to study and discussions on whether to additional environmental rights. In 1972, the first United Nations Conference on the Human Environment "adopted the" Declaration on the Human Environment, "environmental rights be officially recognized." Declaration "made clear that the two aspects of the human environment, the natural and the man-made both for humans happiness and the enjoyment of fundamental human rights, the right to life itself to the base are essential. in a human right to dignity and well-being of the living environment, the fundamental right to freedom, equality and adequate conditions of life. < / p>

environment entitlements

enjoyment of the right environment is to ensure that the most important prerequisite citizen survival and development, means that citizens enjoy the right to live in suitable good environment. in 1995 modified primers Mail Gateway Constitution " the addition of Article 110b, first paragraph of the article "everyone has the right to obtain a healthy and conducive to productivity and diversity of the natural conditions of the protection of the environment." in June 2003, the French government cabinet approved the " environmental Charter "draft, Article I of the" everyone has the right to live in balance and healthy environment. The Nordic countries have adequate provisions for all citizens the opportunity to maintain "freedom, equality and prosperous living conditions and basic rights had allowed the environmental quality of life of dignity and well-being." I am clear that the Constitution Article IX, the rational use of natural resources protection, protection of rare animals and plants.

Environmental supervision

environment means that citizens have the right to supervise the behavior of pollution, damage to the environment supervision, report and accuse of rights. In the "People's Republic of China Environmental Protection Law" clearly stipulates that citizens have the oversight, the right to report and prosecute. "Water Pollution Prevention Law" Article X provides that any unit or individual ?????. The right to water environment pollution or damage to report. "Air Pollution Prevention Law" Article V also has a similar provision: All units and individuals have the right to units and individuals ?????? pollution to the atmospheric environment report and prosecute. In order to ensure the effective implementation of environmental supervision, legal right to claim for damages, the right to exclude harm also made corresponding provisions. "Civil Law" provides that: violation of state regulations to protect the environment to prevent pollution, environmental pollution causes damage to others shall bear civil liability.

environmental rights involved

environmental participation is the right of citizens to participate in public affairs, the environment, can participate in national and regional environmental management of the whole process, and to play an active role. Article 23 "natural world to the Charter" provides that "everyone should have the opportunity accordance with national legislation, individually or collectively decided to participate in the elaboration and directly related to the environment." This right is recognized in environmental legislation in many countries. my country in September 1, 2003 implementation of the "Environmental Impact Assessment Law of People's Republic of China" gives citizens more environmental rights, such as the provisions of Article V "The state encourages relevant entities, experts and the public in an appropriate manner participation in environmental impact assessment." . Article XI: The organ should seriously consider the relevant units, experts and the public comments on the draft environmental impact statement, and opinions should be adopted in the book accompanied by an environmental impact report submitted to the review or not to adopt the explanation. Environmental rights, including participation in citizen participation in the legislative environment, citizen participation and environmental administrative hearing such as the right to participate in environmental decision-making, meaning that those who enjoy the environmental rights as citizens can participate in environmental decision-making process of public administration through elections, discussion and criticism participate in environmental protection community participation in environmental publicity and education activities in science and technology research, demonstration and promotion of environmental protection and other aspects of the composition of the implementation of public welfare environmental protection act.

Environmental Right to Know

environmental information is publicly known state access to relevant environmental information rights, is an extension of the basic political rights of citizens, and the citizens' right to know by the first in Sweden established 200 years ago, but the real cause of national attention in the late 20th century. Many national legislation through constitutional right to know as well as specialized public, of citizens' right to do the confirmation. Ukraine as "natural Environmental Protection Law" stipulates: citizens have the right according to legal procedures to obtain information about all aspects of the infallible natural environment and its impact on the health of residents and the like. 1998, 35 countries from Europe and Central Asia in Denmark signed the "Aarhus Convention." The core content is to emphasize the public's right to know information about the environment, then there are 39 countries have joined the convention. my country's current environmental legislation is also a natural right to information on the environment made the relevant provisions, such as 2007, the State Council promulgated the "Regulations on Open Government Information People's Republic of China", the former State Environmental Protection Administration promulgated the "Measures on Open Environmental Information." The establishment of environmental information, is important for the public to change the passive acceptance of the status impact of environmental issues, to promote and safeguard their rights and interests public. As to environmental information helps the public to take precautionary measures to contribute to the public from environmental pollution accident taking place against the public subject to legal help and relief aid after the environmental pollution of the environment against pollution around may occur.

connotation and features

Protecting the environment is the right of every citizen, but also every citizen's duty-based logic "Declaration on the Human Environment", because it is right, so is the price because it is my right, it is my duty. Human rights enjoy the environment, so humans should bear the obligation to protect the ecological environment. Eco-citizen is a main responsibility, and therefore the ecological behavior of citizens must necessarily be an act of responsibility and obligations. Our era is an era full of sense of responsibility. This is a call for serious contemporary ecological crisis facing humanity issued. In today's world, people are faced with many serious ecological problems, such as the relationship between man and nature has not been alleviated food scarcity, energy shortages have become increasingly prominent contradictions and problems still show rapid population growth radically. These require eco-citizens to shoulder the heavy responsibility entrusted by history and the times to meet the challenge. Generating ecological problems are largely due to human irresponsibility caused, therefore, for the future, the core of the ecological environment of civic duty is to learn to care about, the courage to take. In 1990 UNESCO issued a "learn to care report 21st Century Education Roundtable meeting" in the proposed Learning to care, their specific requirements are concerned about them, including care about their health, care for their families, friends and colleagues concerned about society and the State economic and ecological benefits i care about other species of concern for human rights concerns truth, knowledge and learning. Learned to care, eco-citizen can undertake to promote social and economic stability and harmony, responsibility and obligation to the sustainable development of natural duty and responsibility to protect the ecological balance of the ecological and social responsibility and obligation to promote the construction of ecological civilization and social progress of history.