جستجوی مقالات مرتبط با کلیدواژه « right to environment » در نشریات گروه « فقه و حقوق »

The right of access to a healthy environment is one of the most important rights in the current discourses on human rights and citizenship. Pursuant to this right, everyone has the right to live in a healthy, clean and unpolluted environment. The emergence and importance of this right in the area of public law was the result of the evolution of human being’s collective life style, the change of human-state relations with nature, and forgetting the ecological semi-systems around the self in the rapid process of development after the Industrial Revolution. Therefore, the fundamental question which arises is that on the basis of which foundations such a right is formed for humanity and how it is justified in terms of philosophical-theological views reflected in Islamic sources as well as in modern texts? In this paper, it has been tried to address some aspects of this issue. Accordingly, first,  in addition to conceptual analysis, we deal with the philosophical-theological foundations of the right to the environment (1). Then, the general philosophical-theological rules of this right from the perspective of Islamic law would be discussed (2). The basic presumption based on which this paper is grounded is that the right to environment cannot achieve its goal which is ensuring the healthy environment without thaking into account its philosophical dimensions as well as it metaphysical status.

Right to environment and right to research are both belong to human rights, which must be preserved. The individual’s right to enjoy a healthy environment is a part of the human rights which it has been increasingly threatened with human activities. This right is not only a part of outstanding proofs for solidarity right, but it’s also a requisite for certainty of many human rights. Obtaining this right requires a level of development which may cause more damages to environment itself. Therefore, researcher’s activities in course of progression and development might be prejudicial to environment. This article discusses the condition in which the researcher causes damage to environment while conducting scientific investigations and the necessity of compensation is in contradiction with the researcher’s right to scientific investigations. Thus, the article suggests a compensation policy which preserves both rights simultaneously. According to principle 21 of Stockholm Declaration of Human Environment and the principle 2 of Rio Declaration on Environment and Development, the activities under government’s jurisdiction are obligated not to damage environment. Therefore, the government has key role to serve for solving the [discussed] contradiction, improving scientific investigations in a way they cause less damages [to environment] and preventing environmental damages. The current study aims to investigate the fundamentals of human right to environment and human right to research for solving this contradiction and to investigate the related legal approaches in Iran towards this subject.