论环境权作为人权的基础理论

On the Environmental Right as the Basic Theory of Human Rights

环境权是个体享有的在适宜环境中生存并利用环境资源的权利,旨在追求人人能够享有自由、平等和充足的生活条件并实现富有尊严的体面生活。国际人权公约和域内外宪法等法律规范中的有关规定,是环境权作为人权的规范依据。社群主义、人权基本原理对环境权作为人权的学理定位,用以诠释环境权派生权利来弥合环境权的权能与个体生存需求,是环境权作为人权的理论意蕴。国家权力与公民权利之间合作的模式理论,可以解释环境权作为人权,不仅具备基本的规范面相,而且在内在机理上更加具有契合性。

The right to an environment is the right of individuals to live and use environmental resources in an appropriate environment,aiming at the pursuit of free,equal and adequate living conditions for all and the achievement of a dignified and decent life.The relevant provisions in international human rights conventions and domestic and foreign constitutions are the normative basis for environmental rights as human rights.Communitarianism and human rights are the theoretical orientation of environmental rights as human rights,and they are used to interpret the derived rights of environmental rights to bridge the power and individual needs of environmental rights.They are the theoretical implications of environmental rights as human rights.The theoretical model of cooperation between state power and citizen’s rights can explain that environmental rights,as human rights,not only have basic normative aspects,but also have a more compatible internal mechanism.