环境权与人权问题的国际视野

Environmental Right and Human Right:An International Perspective

环境权可以视为第一代人权中的生命权、私人生活权、财产权,由此可以促使政府保护生命和财产免受环境侵害,但这会产生人类中心主义问题;作为第二代人权,能够赋予环境质量以同其他经济、社会与文化权利相当的法律地位,使其优先于其他无权利依据的客体,但是很少对这类人权进行司法;作为集体权利有环境保护的意义,例如保护少数族裔文化和土著居民。国际法上环境权作为实体权利还未建立起来,作为程序性权利体现为公众对环境事务的知情权,决策参与权,司法救济权。通过人权保护环境,其优点在于人权与环境权相比是一项确定的权利,人权法院裁判了一些有环保意义的案子,缺点在于与人无关的环境本身的损害得不到保护,无法进行公益诉讼。

Environmental right can be put into first generation human fights of fight of life, of private life and property right, which can make government to protect life and property from environmental harm, but can lead to anthopocentralism problems. While taking environmental right as the second generation human rights, it can put environmental quality in the same position as thre other economic, social and cultural rights, and having priority over the other matters which are not taken as rights, but rights in this category is not subject to judicial reviewe. As collective fights of the third generation, it has the significance of protecting environment such as protecting cultures of minorities and indigenous people. Environmental right as substantive right has not been established while as procedural fight including access to information, participation in decision - making and access to justice, it has been well - established. The advantage of protecting environment by way of protecting human rights is that human fights are recognized rights while environmental rights are not, courts and tribunals have given judgements to some cases of environmental significance. The disadvantage is that damages of environment per se not relating to people cannot be remedied, and public interest related lawsuits can not be decided through human fight laws.