The Human-Environment Nexus: A Human Right to a Healthy

Publisher:
Thomson Reuters (Professional) Australia Limited
Publication Type:
Chapter
Citation:
Contemporary Perspectives on Human Rights Law in Australia, 2021, 1, pp. 459-495
Issue Date:
2021-03-08
Full metadata record
This chapter examines key international experiences concerning a human right to a healthy environment and contemplates the continuing legal lacuna in Australian law in this regard. Against the backdrop of the human- environment nexus and the key role the environment plays in the well- being and success of most Australians, international legal dimensions of the legal relationship between a healthy environment and the fulfilment and enjoyment of human rights are considered. The discussion draws on key international law (global and regional) instruments and the case law of established human rights jurisdictions: Europe, Africa, and the Americas. As and where relevant, attention is drawn to parallels in the Australian legal system and recommendations made concerning future recognition of this emergent human right.
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