Advanced International Journal for Research
E-ISSN: 3048-7641
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Volume 7 Issue 2
March-April 2026
Indexing Partners
Environmental Protection as a Fundamental Human Right: A Critical and Analytical Study of Clean and Healthy Living Conditions
| Author(s) | Gautam Solanki, Dr. B. L. Bishnoi |
|---|---|
| Country | India |
| Abstract | The recognition of environmental protection as a fundamental human right has emerged as a transformative legal paradigm, affirming clean and healthy living conditions as indispensable to human dignity, health, and survival. This study critically examines the evolution of this right through landmark developments—the UN General Assembly Resolution 76/300 (2022), UNHRC Resolution 48/13 (2021), and the International Court of Justice's 2024 advisory opinion—contrasted with domestic constitutional frameworks, particularly India's Article 21 jurisprudence interpreting the right to life as encompassing pollution-free environments. Drawing on 2025 data revealing 9.2 million premature deaths from pollution (Lancet Countdown), escalating climate displacement (92 million people, UNHCR), and biodiversity loss (1 million species at risk, IPBES), the analysis underscores the indivisibility of environmental rights from civil, political, economic, social, and cultural rights. Through case studies like Subhash Kumar v. State of Bihar (1991), MC Mehta v. Union of India (1987), and recent European Court of Human Rights rulings (KlimaSeniorinnen v. Switzerland, 2024), it evaluates judicial enforcement mechanisms, legislative gaps, and implementation challenges. Objectives include tracing conceptual foundations, assessing international-domestic interplay, analyzing barriers to realization, and proposing reforms. Findings reveal persistent gaps between recognition and remedy, exacerbated by weak enforcement, corporate capture, and North-South inequities. The study concludes with recommendations for constitutional amendments, rights-based climate litigation frameworks, and global just-transition mechanisms to operationalize this right, ensuring intergenerational equity amid the sixth mass extinction and 1.5°C breach trajectory. |
| Keywords | Environmental rights, human rights, clean living conditions, Article 21, climate justice, judicial enforcement |
| Field | Sociology |
| Published In | Volume 7, Issue 2, March-April 2026 |
| Published On | 2026-03-13 |
| DOI | https://doi.org/10.63363/aijfr.2026.v07i02.3530 |
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E-ISSN 3048-7641
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