The Environment is All Rights: Human Rights, Constitutional Rights and Environmental Rights

Abstract

The relationship between human rights and environmental rights is increasingly recognised in international and comparative law. This article explores that connection by examining the international environmental rights regime and the approaches taken at a domestic level in various countries to constitutionalising environmental protection. It compares these approaches to that in Australia. It finds that Australian law compares poorly to elsewhere. No express constitutional provision imposing obligations on government to protect the environment or empowering litigants to compel state action exists, and the potential for drawing further constitutional implications appears distant. As the climate emergency escalates, renewed focus on the link between environmental harm and human harm is required, and law and policymakers in Australia are encouraged to build on existing law in developing broader environmental rights protection.

Keywords: environmental rights, environmental harm, constitutional law, international law

JEL Classification: K33