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Human Rights Protections in the Context of Climate Change The Right to a healthy environment | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 15, Volume 16, Issue: 3, September 2026, Pages 444-467 PDF (790.04 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2026.173028.1779 | ||
| Author | ||
| Ghassan Sabri Katea* | ||
| Nahrain University / College of Law / General Department | ||
| Abstract | ||
| The legal recognition of the right to a clean, healthy, and sustainable environment, and the consequent institutionalization of a human rights-based approach within climate policies, constitutes a fundamental pillar for ensuring the efficacy of environmental measures and their alignment with the public and human interest. Indeed, measures aimed at mitigating climate change and preserving ecosystems represent, in essence, a protective mechanism for safeguarding fundamental human rights against infringement. Despite the legislative momentum and rapid developments at national, regional, and international levels toward enshrining this right, it continues to lack sufficient theoretical underpinning and precise codification. This renders the operationalization of this right as an independent legal entitlement an urgent challenge that necessitates immediate redress. Consequently, there is a pressing need to define its legal nature, scope, and substantive content, while exploring its logical nexus and integration within the existing human rights framework. Untangling this conceptual complexity serves as a normative roadmap for governments, international organizations, national human rights institutions, and the judiciary to ensure the enforcement of this right and its transition from a theoretical construct into a tangible reality. | ||
| Keywords | ||
| Right to a healthy environment; fundamental human rights; environmental protection; collective right; universal right | ||
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