Human Rights in Healthy Environment: Comparative Studying the Law of France, Ecuador, India and Thailand

Abstract

This research consists purposes were 1. to study the development and legal status of human rights in a healthy environment under international law 2. to compare the mechanisms for protecting human rights in a healthy environment in France, Ecuador, India and Thailand 3. to analyze the gaps in Thai law in protecting human rights in a healthy environment and 4. to propose ways to improve Thai law to align with the development of human rights and international environmental law. This study employed a qualitative research approach through a documentary research method. Relevant documents, particularly legal materials, including laws, regulations, academic literature, research studies and other related documentary sources, were systematically reviewed. The data collected from these documentary sources were subsequently analyzed using content analysis. The result of the research is found that 1) human rights in a healthy environment have continuously evolved since the Stockholm Declaration of 1972 and the Rio Declaration of 1992 and were adopted by United Nations General Assembly Resolution 76/300 in 2022, which these rights comprise both substantive and procedural rights 2) the laws of France, Ecuador and India have mechanisms to protect both substantive and procedural rights at both the constitutional and judicial levels, while Thai law does not comprehensively provide for these mechanisms 3) a legal gap in Thailand is that the current Constitution of the Kingdom of Thailand does not recognize human rights to a healthy environment as a fundamental right. The status of procedural environmental rights, previously guaranteed under the Rights and Freedoms sections of the Constitution of the Kingdom of Thailand, B.E. 2550 (2007), has been moved to the Duties of the State section, reducing citizens’ status as the “right holders”, contrary to a rights-based approach and 4) this research therefore recommends amending the Constitution of the Kingdom of Thailand B.E. 2550 (2007), specifically Article 43 to guarantee the right of individuals to live in a clean, healthy and sustainable environment and adding Article 43/1 to guarantee the procedural rights of individuals or communities by providing them to access information, participate in decision-making and access environmental justice in compliance with the developments of international human rights and environmental law.