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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The environment as human right: lessons from Uganda
Author:Kasimbazi, EmmanuelISNI
Periodical:Annual conference - African Society of International and Comparative Law
Geographic term:Uganda
Subjects:human rights
environmental policy
Abstract:The evolution of human rights is the product of reflection and implementation over several centuries. Human rights have been categorized under three generations. The first generation comprises the traditional civil and political liberties, the second social and economic rights whose realization generally requires affirmative government action, and the third, most recently recognized category, includes rights whose realization is dependent upon both State action and individual behaviour, such as the right to development, the right to peace, and the right to a healthy environment. The right to a clean and healthy environment is like other traditional human rights and is a condition for their implementation. Several international human rights instruments recognize the linking up of human rights and environmental protection. The 1995 Uganda Constitution recognizes environmental rights, as does the National Environmental Statute 1995. However, there has been no petition to any Ugandan court pursuant to the right to a clean and healthy environment, although recognition of this right should entail the right to a due process. The Uganda Human Rights Commission must ensure that environmental rights are not marginalized. Notes, ref.