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The Logical Justification Of The Concept Of Environmental Rights Based On Human Rights

Posted on:2020-05-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y BiFull Text:PDF
GTID:2435330599456999Subject:Ethics
Abstract/Summary:PDF Full Text Request
The concept of environmental right has been gradually established in the laws of various countries and accepted by public opinion since it was put forward in the last century and developed for decades.Not only is it difficult to see any country,organization or influential individual claiming that environmental right is not a citizen's right,but also that environmental right should be regarded as a basic human right has been widely accepted.Unlike human rights such as the right to health,the right to life and the right to property,the right to the environment came into being relatively late.It was put forward and established with the development of modern industrial civilization and the increase of population,which brought about and deepened environmental pollution and destruction.When international organizations advocated and regulated the right to the environment,the environmental problem had become more serious,and many countries were legislating and policy-making.At one time,the response lagged behind,making the international provisions almost become a monolingual propaganda.In addition,under the influence of the origin of environmental problems and the inherent logic difference and particularity of the legal system,each country and region places environmental rights in different rights status and maintenance modes.Because of the various academic schools and the various academic viewpoints and methods,the academic circles ask why environmental rights are human rights.Questions show different theoretical ideas and demonstration methods.Among them,there are many documents to demonstrate the human rights in environmental rights from the perspective of law,but few articles and monographs on environmental rights from the perspective of human rights in ethical circles,and even fewer theoretical construction methods to judge environmental rights as human rights within the logical framework of a series of human rights relations.In view of this,this paper will first determine the true connotation of human rights and its status as the value benchmark of ethics from the background and specific development of human rights;secondly,according to the vulnerability of human characteristics,this paper will deduce the human right to dispel weakness and the core position of the right to life in dispelling weakness and human rights,and point out thehuman rights value of the right to life;thirdly,this paper will be based on the human characteristics.Starting from the ethical implication of health and relevant legislation,according to the needs of human survival and development,and relying on the relationship between the right to health and the right to life,this paper reveals the necessity and necessity of the right to health as a human right.Finally,through the legal and moral value of the right to environment,this paper points out the real law of the right to environment,and further demonstrates that the right to environment is the necessary condition for the protection of the right to health.According to the logical deduction process of human rights-the right to life-the right to health-the right to environment,this paper demonstrates the human rights attribute of environmental rights.
Keywords/Search Tags:human rights, right to life, right to health, right to the environment
PDF Full Text Request
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