Question

Conflict between right to religion and protection against noise pollution

Answer 1

Human rights and environmental law have traditionally been envisaged as two distinct, independent spheres of rights. Towards the last quarter of the 20th century, however, the perception arose that the cause of protection of the environment could be promoted by setting it in the framework of human rights, which had by then been firmly established as a matter of international law and practice. Because of the many complex issues that arise when these two seemingly distinct spheres interact, it is to be expected that there are different views on how to approach ‘human rights and the environment’.

The first approach is one where environmental protection is described as a possible means of fulfilling human rights standards. Here, environmental law is conceptualized as ‘giving a protection that would help ensure the well-being of future generations as well as the survival of those who depend immediately upon natural resources for their livelihood.’ Here, the end is fulfilling human rights, and the route is through environmental law.