The Right to Benefit from the Healthy Environment

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Аспирант кафедры международного права Российского университета дружбы народов (РУДН)

Аннотация: 

The legal support of human rights has increasingly acted as a means to protect the environment. Rights such as the right to live, the right for political participation, personal freedom, equality and the right for legal refund all are legal means which guarantee the protection of the environment. The socio-economical rights including the right to benefit from hygiene, proper life conditions and the right to work in a proper working place can domestically and internationally be effective in developing the environment right.During the three decades after the Stockholm Conference Declaration in 1972, the first principle of the mentioned conference has been assessed.While the arrangement of this principle includes a right for the environment related both to human rights and protection of the environment as a major goal and a means for reaching the proper life conditions in an environment offering the prosperous and glorious life, no human rights treaty in the international domain has ever mentioned the environment right as a definite principle. On the other hand there are nonobligatory documents which refer to the environment protection as the environment right with the special quality.

Ключевые слова: 

Human rights, environment right, environment morals, stable development,to benefit from the healthy environment, the environmental human rights.

Introduction During the years of human history, ecosystems had never been endangered by humans like today. This kind of being indifferent towards the demolition of the natural resources is not befitting the civilized human beings and it should be considered one of the negative aspects of the human civilization. The demolition of the ecosystems has now reflected in serious epidemic environmental issues the effects of which are so intimidating the whole planet earth and the life of human beings.There's no doubt that there has always been problems for humans in different eras, but using his logic and brains he has overcame the problems, it is not right to exaggerate about human capabilities, though. The human being of today has sub consciously distanced himself from the nature and has forgotten about his life, and the peace and prosperity of the human life is being sacrificed for tools that he values a lot. If overcoming each of the natural forces is not done through foresightedness and logic, it will be potentially dangerous and disastrous, and interfering the natural phenomenon to this extent can cause irreparable consequences. Thus, the best form of foresightedness can be to prevent from nature demolition or in other words the environment.prevention has always been better than cure, this is especially true about the environment and its preventive aspects because in some of the environmental losses, in case they happen, it's not possible to change the situation to the way it was. For instance it is not easy to recover sea corals (coral reefs) and sometimes it is impossible. This alone clears the necessity to protect the environment.so, precautionary measures done by the governments and international organizations can play a key role in preventing the environmental loss and pollution and they make a foundation for the citizens to benefit the healthy environment through constitution of laws and regulations.[1] The first international document to speak frankly about the connection between environmental protection, development and human rights is the Stockholm Conference Declaration in 1972. Twenty years after constitution of the universal declaration of human rights, the UN general assembly's 2398 resolution in Dec. 3rd 1968, predicted the foundation of a global conference on "human environment". After a lot of primary and expert work, the UN conference on the environment was held in Stockholm from 5 to 16 of January 1972. The main aspect of this conference was the outstanding global support it received. Presence of 6000 people including representatives of 113 governments, almost all the representatives of all of the big organizations, 700 supervisors from 400 NGOs and 1500 reporters in this conference has made it the biggest international event of its time. Thanks to this conference, a lot of documents were constituted from which the UN conference declaration on the environment (known as the Stockholm declaration) can be mentioned that includes one introduction, 26 principles and an "action plan" with 1098 advices. The value of the Stockholm declaration on environmental regulations and implicitly on developmentis the same as the value of the universal declaration of human rights on human and basic rights. The important aspect of Stockholm declaration and conference is the problem definition and the comprehensive methods, relating the developments in the domain of human rights, for protecting the environment. It is said in the first principle of this declaration that: "The human beings should have basic rights for freedom, equality and proper life conditions in an environment that allows them to live prestigious and prosperous. Human beings are responsible for protection and improvement of the environment for the current and the following generations".[2] Twenty years later, along with the Stockholm conference and the measures and documents[3] following that and for removing the shortcomings and the new problems, the UN conference on the environment and development was held in Rio de Janeiro (Brazil), during which the emphasis was put on the close and stable relationship of the environment as "two faces on one problem facing human beings". The Rio declaration is made in 27 articles, an introduction with 6 sections on three fundamental bases:[4] The complete confirmation of the Stockholm declaration and the necessity to continue that; to regenerate the international relations based on fairness in order to establish a real global cooperation; and acceptance of the unity and consolidation of the earth as "the home for humans" and the mutual effect of everything on that. In comparison with the Stockholm declaration, the declaration of Rio emphasizes more strictly and clearly on the mutual and stable relation of environmental protection with the economical development, to reach the stable development in the domain of human rights. In this declaration, the stable development which is based on environmental protection and supporting the human rights is recognized as an inseparable package.[5] The human beings are the main concern of the stable development and they have the right to benefit from the healthy and productive life harmonized with the nature". (the main principle) reaching such a principle is only possible through identification of the right for development (the third principle) on one hand and merging environmental protection with the process of the development (the fourth principle) on the other hand.For this reason, there's an emphasis on the right of sovereignty of the governments on their resources and their right to use them in order to reach the development (the second principle).[6] In addition, achievement of the stable development requires removing of the poverty (the fifth principle) and modification or removing of the unstable production and consumption that are harmful for the human environment. (The eighth principle)according to the different shares of advanced and underdeveloped governments in destroying the environment, this declaration allocates a shared but different responsibility for all of the governments (the seventh principle),with an emphasis on the conditions and needs of the poor countries (the sixth principle).In this declaration much attention is given to the key and vital role that the youth, women and locals play in the environmental development management (the twentieth through the twenty second principles) and protection of the environment and natural resources of the tribes has been confirmed (the twenty third principle).Another principle of the declaration has mentioned the effects of peace on development and the necessity to avoid war, and settling down the conflicts using the peaceful means (the twentieth through the twenty sixthprinciple) and has asked the governments to effectively cooperate with each other by accelerating the information exchange and transferring the technical knowledge and establishing a healthy economical system (the ninth, the twelfth and the twenty eighth principles). The Right to Benefit from the Healthy Environment The right to benefit from the healthy environment and the right to enjoy the development, simultaneous realization of both requires stable development, shows the munificence and respects of human beings which completes the human rights for the present generation and is a prerequisite for its fulfillment for the future generation. Luckily, today, the right to have a healthy environment is no longer only an unreachable dream, but after almost forty years of endeavor by NGOs, international organizations and scientific societies it is now a well recognized right in the international, regional and national levels. In the international and the regional level we can name the Stockholm declaration (1972), the universal charter of nature (1982), the declaration of Rio (1992), the 24th article of African chart of human rights (1981), the 11th article of the supplemental protocol to the American convention of the human rights (1988), the 24th article of the children right (1989), the first section of the 4th article of the international organization of work for the local tribes and ethnic groups (1989) and many other documents. We can see that the right to benefit from the environment, along with the recognition in the international domain, has also been recognized in the interior regulations of the countries, also in most of the constitutions approved or wholly modified after 1970. In addition to the constitutions and the interior regulations, the regulations concerning the economical, social and cultural developments in most of the countries have been foresighted the methods by which this right realizes. To study the Relevance of the Human Rights to the Environmental Rights The first section: the meaning of the human rights The meaning of human rights is the general privileges that every individual human being owns based on his nature, essence and status, both for being a human and also for the role he plays in the universe, in public terms and in the social organizations. The purpose of the human rights is to establish and enhance those life conditions that make it possible for the human beings, as the best form of creatures, to show his capabilities and talents without any obstacles.The realization of the human rights and prevention of its violation or “protection of human rights” requires legal provisions to be legislated which are obligatory and guaranteed to obey, so people can reach their rights through them.[7] It is necessary to mention that when we talk about human rights, it is actually three generations of human rights that we talk about: The first generation of human rights or civic and political law, the second generation of human rights or the economical, social and cultural law and the third generation or the correlation law.[8] The third generation of human rights which is considered the correlation law (the right of the healthy environment, the right of the development, the peace right and the right of the human common heritage) indicates the individual and collective rights and also the responsibilities of people and organizations; rights that have the specifics of both the first and the second generations for presenting before the governments and are eligible to ask from them. In other words, in comparison to the previous two human rights generations, the characteristic of the correlation right is that obtaining this right requires the government not to interfere (in the matter of freedom) and at the same time it needs the government to provide them the facilities[9], and also it needs all the facilities and the associated, targeted efforts of all the players in this field (the governments, international organizations, people and individuals from the public and private law).[9] Among the fourfold instances of the correlation law, the environmental law has outturned the other instanced of third generation laws for several reasons especially the relative consensus of the developed and under development countries toward the necessity for protecting the environment and also the common concern of human beings about the harmful consequences of destruction of the environment. The second section: the correlation between human rights and the right to benefit from the healthy environment The legal support of human rights is a means to reach and gain the environmental protection and if there is a possibility for the human rights to be protected legally, it is the same as the environment is put under legal protection. Today, the undeniable correlation between the environmental laws and the basic human rights has been accepted more than before, although the universal declaration of human rights does not directly point at the environmental laws, today the environmental laws which have been interwoven with the right to live (without which no other rights can be obtained) gradually are going to be recognized.[11] On the other hand, the environmental laws just like the human rights dominate all the activities of humans and affects whatever they do.The right to benefit from the healthy environment as one of the complementary results of humanism in a 20-year-old process today is a certain right and owns a fixed situation in the international law and also in the domestic laws of most of the countries. It is necessary here to talk about the basics and contents of the right to benefit from the healthy environment and to mention those instances of the human rights which have some environmental dimension. The fourth subject: the basics and contents of the right to benefit from the healthy environment The theoretical basics are in fact foundations on which the right constructs and shows why the human being should has this right, without the basics it is not possible for the right to form, and by the content it is meant to say the codes which are necessary for protecting the environment.[12] The first section: the basics of the right to benefit from the healthy environment For every phenomenon to be enhanced, it must reach a level in which it is possible to justify its existence. Environment is also a collection of natural phenomenon that in order to establish balance among the rival forces in the nature, binds the life of a biological group[13]and has strong theoretical foundation which makes it impossible to be recognized without the study of the foundations. A: the right of human to live The life of all the creatures on the planet earth is interwoven and there is a vast correlation between them which can be called the life circle, but in this correlation the heavier side has always been on humans that mean the life of the creatures is affected by human deeds and this effect can either be harmful or beneficial. According to the 3rd article of the declaration of human rights “each person has the right of life, freedom and personal security” and also according to the 6th article of the first section the international treaty of civic and political rights “the right of life is of natural rights of human beings and this right is under protection by law, and no one can be deprived from life impudently”, it can be conveyed that the right to live is a certain right that has been identified and specified in the international society. For this reason, the right of life can be respected only when the conditions for it to be observed are at hand. It is obvious that the right to benefit from the healthy life is not obtained unless the healthy environment is at hand. According to the first section of the UN conference prologue on the healthy environment and humans, it can be deducted that the right to benefit from the healthy environment leads to his use of basic rights, among them the right to live.[14] It is natural that healthy life can be presented to human beings where there is a healthy environment. Human beings can be rewarded the right to have a life in accordance with the value of the nature of the human beings, and even it can be awarded to the creatures, so as we can see, as long as we do not have a healthy environment we cannot benefit from the living right befitting the human being and his value. B: the right of the future generations The environment has always been the launching pad of the human being toward the development and advancement, but people harm the environment by using unfair methods. It must be put in mind that the environment in which we live and to which our life depends has been providing most of our needs for millions of years and it is through the healthy environment that the human being has paved its advancing route in life, that’s why we should also note the rights of the future generations to benefit the healthy environment because all humans and other creatures, the present generation and also the future one, have an equal right to live and prosper on the planet earth. The environment does not only belong to one generation, just as the past generations have benefited from it and now we are benefiting from it, it is the natural right of the future generations to benefit from a healthy environment. The first principle of the declaration of Stockholm approved in 1972[15] points at the right of the future generations to use the environment and prescribes “… and is responsible to protect and improve the environment for the present and future generations…” This principle points to the fact that human beings in addition to protecting and improving their environment and along with the right to have a healthy environment preserve this right for the future generation so that they can benefit from this human right, too.[16] The second section: the contents of the right to benefit from the healthy environment The components of this right can be studied from different points of view.It seems that studying this right from the point of view of documents and different international conventions has a top priority because these documents have a lot of importance in directing the validity and recognition of the elements emphasized by them. So, according to this point of view, the components of the right to benefit from the healthy environment can be divided to four groups[17]: 1. The right to have environmental training 2. The right to access the environmental information 3. The right of the citizen partnership in environmental decisions 4. The right to access the efficient juridical courts on environmental matters .It must be kept in mind that the above mentioned items should be followed respectively as each one is a prerequisite for the following one, so without the training it is not possible to use the environmental information, without environmental information there would be no partnership and cooperation and without access to a righteous court, cooperation is defective and imperfect and availability of a righteous court guarantees the enthusiasm for continuous partnership. A:The right to have environmental training According to this right, the governments have to take necessary measures to establish the friendship culture with nature, to protect it and use the clean technology.This training and culture building should be done in all levels like the formal (school and university) and informal training (training for the public)[18]. So, the aim for environmental training is to develop the environmental understanding and apprehension, and to build an interest along with responsibility in different groups of the environment. The declaration issued in the Stockholm conference in 1972 shows that protection and modifying the environment of the current and future generation is the first and most important goal and responsibility of human beings. Realization of this matter is only done by the proper action and accountable deeds of groups and each of the individual countries. That means in conditions where the public is aware of the factors causing the environmental problems and the factors that destroy the environment, and if they are trained, they can cooperate in removing the environmental problems. B: The right to access the environmental information It is a right for the people to access the environmental information and on the other hand the governments are obliged to provide the information and there must be information even about the details. The 19th principle of Rio[19] declaration says on this matter that “the governments should inform the other governments about the possibility of dangers and also they should use specialized information about activities that are probable to have serious harmful effects and go beyond the border, and they should talk to other governments as soon as possible and consult with them with total trust”. Because the environment is recognized as the human common heritage And is not particular to a certain group or individual, people can access the environmental information irrespective of the citizenship relations, benefits, nationality, etc. One of the most important international documents about the right to access the information is the Denmark Aarhus convention in 1998. This document has been approved by the EU member countries alongside 35 countries that are not members of EU under the topic of information access, public partnership and to access the efficient juridical courts on environmental matters.[20] This convention, has pointed out on its 4th principle the right to access the environmental information and determines “the member governments should guarantee the right of everyone who asks the information which is in the property of the governmental officials”, but it should not be thought that this is an absolute right on in the disposal of the citizens, and it has its own limitations, so in sections 3,2,4 of the 4th principle of this convention it is said that “the member governments may limit the right of access to environmental documents and information. The limitations and prohibitions should be accurately mentioned in the law, be obligatory in a democratic society and be suitable in the following subjects with the purpose of protection: A: national security, national defense and public relations B: public security C: avoidance of search and pursue of confidential activities D: study, control and supervising the act of governmental officials E: the confidentiality of the talks between the officials till they reach the readiness on a subject And in the following it says that “only in one case it is possible to refuse giving the information, it is when the information at hand in the official document are probable to harm the benefits mentioned in the convention”. It is necessary to explain that the method to access the environmental information based on this convention can be given to people either through the public officials using the legal procedures or through the personal request of the people. By this method, people can access official documents by their requests. It is obvious that this official clarity is possible only when democracy exists and as a result there would be public participation in administrating the works of the country. People with the information at hand can participate in recognizing the causes of the environmental pollution and as a result identify their own life conditions and also participatein determining the environmental policies of each country on a larger scale.[21] C: The right of the citizen partnership in environmental decisions Today, participation in the political, social and economical affairs of the society is considered one of the components of development. The degree to which people participate can be an indication of sensitivity and eagerness towards the destiny of the society. Of course, participation in these affairs is just one of the elements of development and eagerness towards development and destiny of the society. Environmental topics also as one of the things that can be considered multidimensional is in correlation with politics, society and economy from different directions and is no exception to this rule. Participation is a right that should be given to the citizens as members of the society. There is a close relationship between participation right of the citizens in environmental decision makings and the government’s commitments in the international system and help towards advancing democracy inside the countries. Also, environmental participation by the NGOs can establish development and continuity of the public awareness and participation right of the citizens. The 10th principle of the Rio declaration 1992 on environment and development establishes that in environmental subjects, the best performance is done through participation of all the related citizens and asks the governments to make it easy for all to participate through simplifying and reinforcing public awareness by vast informing. There is no doubt that realization of public participation is not possible until the right to access the information is provided. The adequate tools to exchange ideas and information should be provided. This way, the freedom to exchange information includes two elements: the freedom to receive the information and the freedom to distribute it.[22] This also has been mentioned in the 5th principle of the Aarhus convention and the right to access the information freely and distribution of the information for the sake of cooperation and participation are complementary and complete each other.[23] According to what has been said, the right that has been given to the citizens in this matter can be a mechanism to expand and develop the idea of democracy to promote general interests. D: The right to access efficient juridical courts on environmental matters This right follows the other two, that is, the two mentioned rights are prerequisite for this right and this right is complementary to those two rights, havingthis right guarantees the right to benefit from a healthy environment. Using this right by the citizens also is a means by which the official and other individuals deeds concerning the harms caused to the environment can be controlled, because doing so, we can avoid the actions that violate environmental rules and regulations. The 9th principle of Aarhus convention says on this matter that “whenever a request to access the environmental information is rejected, either a par or all of it, or the request is ignored, or it cannot be fruitful in the time necessary, the requester can appeal in a court or in an independent, unbiased entity that has been established according to the law”. What has been said is confirms this fact that, only the right that has been presented in efficient righteous courts are recognized, and these courts should be specialized in environmental issues so they can have proper performance and high knowledge about the environmental subjects and can have a right judgment. The important and noteworthy subject here is that accessing these courts should be easy for everyone and the capability and facilities of the courts must be high, so the costs of the trial won’t be a problem and does not impede the presentation of the claim by the individuals or organizations and they must be free of charge as the nature of the environmental issues are general and public. The second part of the 9th principle of the Aarhus convention defines that “… and the public officials should guarantee that these cases can be claimed in the courts free of charge or by a low price”. This can be a good encouragement for supervising the acts and deeds of others and in environmental protection and helps a lot in establishing a proper behavioral culture in dealing with the environmental issues. At the end of this discussion it must be mentioned that the issue of existence and performing the right and defining its domain and limits has always been the concerns of human beings.The complexity of this subject has always forced people to seek proper solutions for this subject. On the issue of environment, one of the solutions is that first the right to benefit from a healthy environment be recognized for all people and the right be given to all of the citizens and no law can restrict them, unless there is a possibility to harm the rights of other people, so the right to benefit the healthy environment does not give an absolute right to the citizens. In other wordsevery citizen, to the same degree that has the right to benefit from the healthy environment, is responsible in front of the other citizens and the government, and his domain and methods of use should be in a form that does not harm the others (the non-harm rule).[24] Meanwhile, it is responsibility of the government to determine the domain and limitations of the actions of the citizens in utilizing the environment, thus, both citizens and government have responsibilities in front of each other on the subject of utilizing the environment[25], so we can make a twofold division. The third section: the rights and assignments in the right to benefit from a healthy environment It must be said that expressing each right, implies assignments and responsibilities for one group and it is the contrary for the other group. On this ground these rights are divided into two groups: 1. The rights of the citizens in front of the government in benefiting from the healthy environment. 1. The rights of the government in front of the citizens in benefiting from the healthy environment. A: The rights of the citizens in front of the government in benefiting from the healthy environment. The right of the citizens in front of the governments is that their environmental rights be given to them and every right on this basis which has been on the shoulders of the government and sofar has not met, must be paid. On the other hand, government should try in codification and performing the environmental regulations and the rules and regulations should come after the program and not after the environmental incidents. The government is obliged to give train to the citizens and build an environmental culture using the facilities that has at hand. As long as the citizens do not know about their rights, they will not seek them and there will not be a responsive government.[26] Of other responsibilities that government has in front of the citizens is to protect the participating role of the citizens (in the 119th principle of the 4th development code, there is a notification of the citizens participating role on the basis of their equal citizenship rights) which are in the form of environmental NGOs, national and local councils (from the levels of the villages to the level of the provinces) as supervising and decision making entities.[27] It is the certain right of the citizens to be informed in case of pollutions. It is the right of the people to know. The citizens have the right to know about the critical conditions of the pollutions that threaten their life and health; they have the right to know through government about the projects that affect them. Of other rights that the people have in front of the government the followings can be mentioned: The government should execute the justice between the citizens irrespective of their rank, social position and degrees.[28] Sincere try of the officials to obtain the denied rights of the citizens. Encouraging the citizens to preserve the environment and avoiding its pollution. Training citizens to respect the right of other citizens. Supporting the environmental NGOs. To guarantee the full, effective and continuous supervision of the citizens over the actions of entities and officials relating the environment. To guarantee the responsiveness of the officials in front of the citizens. To refrain from belittling the environmental problems. To use the environmentalist and experts in this field in managing cities, municipalities and the organization for protecting the environment. Decisive and legal act against the environmental criminals and those who pollute the environment. To build the culture and establish a point of view that says “each person who cuts short in preserving the environment has deprived himself from his rights”. B: the rights of the government in front of the citizens in benefiting from the healthy environment. It is the responsibility of the citizens to respect the law and if there is a law constituted on the environment, it must be obeyed. In other words we should follow the law. Of other rights that the government has the followings can be mentioned: Citizens should know about their environmental rights and make it a means to obtain a better environment. Preserving the environment by the citizens in the hope for a better future and not for the fear of destruction, violating the law and punishment. Participation of the major part of the people in the process of making environmental decisions. Recognition of the environmental right of the people in the international level In The Hague Academy, in 1974, Professor Rene Kasen, the noble prize winner, said: “the current concept of supporting human rights must be expanded to include the right to have healthy and hygiene environment deprived from pollution just like the case with healthy and hygiene weather. At the same time, codification of the new human rights along with supporting people against the dangers of pollution, providing and distribution of proper and adequate drinkable water and guaranteeing clean weather, thus stable life of the people on earth has been widely under consideration. Several factors cover human acts in the thought of supporting human and preserving his environment. Most of these the acts of human beings have been about solving environmental issues.International organizations necessarily have tried a lot to solve regional and global problems. In Europe, the European Council is the most important regional organization that has done activities in the field of legal condition of the people and private groups relating ecology and did required obligations and in some cases obliged their accomplishments directly through people, groups and NGOs. There were also propositions in the international domain for identifying the right of the environment, on the basis that can be said to be the right of the people to have guaranteed healthy and clean environment in the European society legal system and it was necessary for it to be also officially recognized in the “international law” level. Although the Stockholm declaration in 1972 has founded human rights from the philosophical point of view, the UN was not in a position to give required guarantees for supporting the enforcement of this right. Anyway, the UN Rulers Council has paid a lot of attention towards the right of the people to benefit from a healthy environment. Although awareness about the necessity to support human rights has enhanced the speed of growth, the vast tendency in the international domain for solving the energy crisis and planning the industrial and national economical development, has paid a lot of attention to the issue of stable development. But the economical pressures of the present era shows the fact that environmental considerations especially in under development countries have low priorities.Even in the developed countries, this linear environmental classification is in the next priorities. The same situation is true for the new human rights in the healthy and clean environment in the new international human right system. In fact, the governments are not so happy to find themselves accused in the international courts of law. Thus, governments are worried that the right of the environment can be like other human rights, a way for expanding the international supervision on what they do and in processing legal cases and accusing them. So they act cautiously and maybe this is the reason why the right of the environment in the international human right system has been recognized. Conclusion: As the meaning of supporting human rights expands, through this, there can be an explanation for the right for the healthy environment. Today, more than before, the society knows about the correlation between the lives of the humans and the environment and pollution and destruction of the environment can seriously threaten the life of the human beings. It is obvious that the life of the human depends on the quality of the environment he lives in, so the environment is considered of the dimensions of the human rights. As the international legal committee puts it “without a livable environment on earth, all the other rights are unreachable and nonsense”. This way, we can make a correlation between the destruction of the environment and the effects that threaten the primary and essential right of humans to live. For instance, the right of hygiene is presented for the harms that come from water, air and sound pollution. The right of the people for personal property influenced by the environmental pollution is not that much used. The equal rights are affected by the fact that there’d be unequal amount of pollution in certain areas of the society. Dumping the hazardous materials in the sea deprives a lot of people from their rights to investment, rural and urban planning and commercial policy making and their effects affect the living place of these people directly or indirectly. It must be noted that every danger that affects the environment directly affects the condition of the people and violating the environment violates human rights. Anyway, there is no doubt that benefiting from a healthy environment is the certain right of the people, a right that knows no border and does not confine to this generation only. A right that either comes from the multiple layers of basic human rights or presents itself as one new individual basic right and necessitates some measures by the government to be done for complete obtaining of it. The legal system of Islamic Republic of Iran both theoretically and practically is implicitly based on acceptance of the human right for the healthy environment, but for this recognition to be fully fruitful, different governmental entities such as executive, legislative and juridical must try to enhance the current situation by emphasizing logical, canonical and national consensus. The mentioned right in the international level, as only a part of the legal rights of the first and second human generation, has not yet recognized globally and although the independent human right in the concept of benefiting from a healthy environment has been put in the legal documents in three geographical regions (America, Europe and Africa), the human conventional international law has not yet expanded publicly and that’s why the effects are just covering the countries that have signed it. The methods governments using are not coordinated and integrated either, thus it cannot reflect their firm belief in norm of the international common law, but considering the changes happening in this domain especially in UN human rights entities and even in their general assemblies, expecting this common law to be enforced in future would be impossible. [1]Ghasemzade, Rohollah, To Reveiew the Legal Aspects of Environment by emphasizing the Preventing Aspects of Environmental Pollution, Philosophy, Words and Mysticism Magazine, No.15, 2006, p92. [2]For the complete translation of the Stockholm declaration refer to Ardeshir Amir Arjomand, "environmental protection and the international unity", Legal Investigation Magazine of Law College, ShahidBeheshti University, No.15, 1374, pp 421-425 [3]About the activities, documents and development of the international rules on the domain of environmental protection in the 1972-1982 refer to: Ch.A.kiss. "Dix ans après Stockholm.Unedecennie de droit international de l'environnmet". AFDI/1982, pp. 290-293. [4]for analyzing some of the legal aspects of the Rio declaration refer to: Foo kim Boon. "The Rio declaration and its influence on environmental law", Singapore journal of legal studies, 1992, pp.345-364 [5] For the complete translation of the Rio declaration refer to Ardeshir Amir Arjomand, former, pp 430-436 [6]In the legal terms of international environmental law, this principle is called "the principle of un harmful use of the land". In different opinions of international judicature and judgment, there has been an emphasis on this principle. (refer to RamezaniQavamAbadi, Mohammad Hussein, a glance at the principle of un harmful use of the land in the international environmental law), quarterly periodical of environmental sciences, No.4, Summer 2006, pp 57-73. [7]Habibi, Mohammad Hussein, former, pp 133-137 [8]The first and second generations of human rights have a major difference with the third generation of human rights; that is the content of the third generation is not yet in the form of legal documents and so far has not been able to obtain credit of the obligatory laws like the first and the second generation. In fact, contrary to the promises made in the UN general assembly in 1966 about the civic, political, economical, social and cultural laws which were approved and later became an international treaty, the third generation of human rights is just a declaration made by the UN general assembly in 1982 and approved in 1983 and is known as the declaration of the correlation law. Refer to: former, p135. [9] It is necessary to mention that the rights of the first generation of the human rights, that is the civic and the political rights (such as: the right to live, the right of speech, the right to choose religion, the right of opinion, forbiddance of torture, etc) which all are considered the right of freedom and people can obtain them without the direct intervention of the government, but the second generation rights, that is the economical, social and acultural rights (such as: the right for security, hygiene, proper life conditions, social welfare, the right to work, marriage, etc) need the direct intervention of the government for them to be obtained, in other words it is the government that establishes the necessary conditions and facilitates the achievement of these rights.Zamani, SeyyedGhasem, The course booklet of international human rights, academic year 87-88. [10]Universal Declaration of Human Rights. Art. 3, at 72. [11]Simbar, Reza, Human rights in the framework of the environment, politico-economical information magazine, No.201, year 2004, w 29. [12]Taghizade Ansari, Mostafa, Former, p 6. [13]Poiman, Luis, Environmental Morals, Translation by MarjanSolasi and colleagues, The first vol. Tose’e Publications, Tehran 2004, p 327. [14]As a result of the 2398 resolution of UN general assembly, this conference was held in Stockholm, from 5th till 16th of June 1972. This was the biggest international conference ever on the subject of environment and 6000 representatives from 113 countries, and almost the same number of people from the international organizations, 700 supervisors sent from 400 NGOs and 1500 reporters attended the conference. Several important documents were approved in this conference among which was “the UN conference declaration on environment” with 26 principles targeting environmental protection and an instruction or “ground rule” including 109 advices about coordinated arrangements for overcoming the environmental issues. Refer: Avengreen, environment, translation by AhmadAlikhani, Tehran 1379, pp 30-34. [15] http://Birjandzist.ir/index.php?option=com [16]Saed, Nader and the others, former, p 47. [17]Former, p 48. [18]Twenty years after the Stockholm conference, the UN regarding current defects and shortcomings and according to the new conditions has held a conference named “the UN conference on the environment and development” from the 3rd to 14th of June 1992 in Rio de Janeiro. In this conference, which was a result of the 44/228 Resolution of the UN general assembly, 172 governments, 6 international organizations related to the UN, 10.000 participants including 116 high ranking governmental officials, 1400 people from NGOs and almost 9000 journalists participated. The topics discussed in this conference were as follows: protecting the atmosphere, air pollution control, protecting the variety of the species, proper dumping of the wastes, improving the quality of life, human health, protecting the oceans, protecting the forests, and finally the financial issues in the fight against the environmental pollution. The documents approved in this conference were as follows: “the UN conference declaration about the environment and development”, “the declaration of principles bout the forests”, “the action plan for the 21st century”.Along with this conference two other important documents were alsoapproved under the name of “convention on the variety of living species” and “convention on the weather change”. Refer to: Amir Arjomand, Ardeshir “the environmental protection and the international correlation”. Legal investigation magazine, No.15. Summer 1986, pp 336-342. [19]Convention on access to information, public participation in decision-making and access to justice in environmental matters done at Aarhus, Denmark, on 25 June 1998. [20]Vije, Mohammad Reza, “the right to access the environmental information, studying the European human rights, ecology, No. 40, 2005, p 79. [21]Vije, Mohammad Reza, Former, p 80. [22]Collection and dissemination of environmental information. [23]Piran, Parviz, Citizen centered, Urban Society, politico-economic information magazine, No. 125-126, 2004, pp 49-52. [24]Akrami, Mosa, participation in preserving the environment, opinion reflection magazine, No. 34, 2002, p 142. [25]Amirani, Mohammad Hadi, Citizenship, New Moon Magazine, No. 23, 2004, p 2. [26]Ghasemi, Naser, “the degree to which the city council can be put under supervision in the framework of the civic rights”, legal investigations, No. 33-34, 2002, pp 152-182. [27]ZahedinLabaf, Mohammad Hussein, Executing justice about the international environment, Tehran, 2nd volume 2001, p 63.