The Link between Right for Development, Right for Clean and Healthy Environment; and Essentiality of Including These Rights in National Constitution

Abstract

The United Nations Declaration of Human Rights provides an international standard to uphold basic moral dignity among human beings, though different states select particular fundamental rights that may or may not intersect with the UN Human Rights framework. As an instance, ten articles an included at the first amendment in 1789 Constitution of USA. Sri Lanka���??s 1978 constitution includes a third chapter that outlines articles such as 10 to 17 and 126 which emphasize national standards of human rights. Stability and protection of fundamental human right is a prominent responsibility of government according to the article 4 (d). ���?? The fundamental rights which are by the Constitution declared and recognized shall be respected, secured and advanced by all the organs of government, and shall not be abridged, restricted or denied, save in the manner and to the extent hereinafter provided. ���??- Article 4 (d)However, these provisions for human rights are notably incomplete, and ought to be amended for a number of reasons. As example the country does not ensure the basic human right to a clean and healthy environment, and instead focuses exclusively on a development paradigm to the detriment of basic human and environmental well-being. Each human being depends on protecting the environment as the resource base for all life. Therefore People started to see that a clean and healthy environment is essential to the realisation of fundamental human rights. Human rights cases of environmental disruption, like the Bhopal and Chernobyl disasters, it has become more acknowledged over the years. The General Assembly Resolution, Article 1(1), mentioned the right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. The Preamble of UN Declaration on the Right to Development states "development is a comprehensive economic, social, cultural and political process, which aims at the constant improvement of the well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits resulting therefrom. For these reasons, Sri Lanka should specifically amend its constitution to include the right to a clean and healthy environment and the right to sustainable development in its third chapter