略论作为人权的环境权

基于利益论,学者们将满足人类维持自身生存发展需要的环境利益证成为一项独立的环境权利,从而完成了环境利益权利化的任务。随着对优美生态环境的需求越来越迫切,对环境权的认知越来越深入,人们愈发期待环境权被纳入人权的范畴。对环境权的既有法理证成已触及环境权作为人权的理由。作为一项影响人类生存发展的权利,环境权不仅是单个人的权利,还是作为类存在的人即人类的普遍权利。环境权保护着生命、健康等“最具道德重要性”的人类利益,既是实现美好生活的必要条件,又是切实享受各种基本人权的关键要素,因此,环境权具有与既定人权同等的规范基础。同时,环境权还是一项建立在全人类共同价值基础上的人权,具有成为全球性人权的趋势。为顺应环境保护的时代要求,夯实生态文明法治建设的基石,我国有必要确认环境权的基本权利地位。

According to interest theory,scholars have completed the task of turning environmental interests into rights and demonstrated that the environmental interests that meet the needs of human beings to maintain their own survival and development become an independent environmental right.As people's demand for a beautiful ecological environment becomes increasingly urgent,and their cognition of environmental rights deepens,they increasingly expect environmental rights to be included in the protection of human rights.According to the existing justification of environmental rights,we have preliminary reasons to put forward that environmental rights satisfy the attributes of human rights.As a type of rights that affect the survival and development of human beings,environmental rights are not only the rights of individual,but also the universal rights of human beings.Environmental rights protect the most morally important human interests such as life and health.They are both a necessary condition for achieving a better life and the key to effectively enjoying various basic human rights.Therefore,the environmental rights have the same normative basis as the established human rights.At the same time,environmental rights are also human rights based on the common values of all humanity,with a trend towards becoming global human rights.To comply with the requirements of the era of environmental protection and consolidate the cornerstone of the legal construction of ecological civilization,it is necessary for China to confirm the fundamental rights status of environmental rights.