Towards the right to an environment that is not harmful to health or well-being in the context of sustainable development

Abstract

This study addresses the pressing issue of providing individuals with an environment that promotes health and well-being while ensuring sustainable development in South Africa. The focus is on the right to a safe and healthy environment, and how it can be achieved in sustainable development. Section 24 of the Constitution of the Republic of South Africa provides that everyone has the right to a healthy environment and mandates the state to take reasonable legislative and other measures to prevent environmental degradation. Several legislations, such as the National Environmental Management Act (NEMA), uphold the right to a healthy environment. Despite these protections, the violation of the right to a healthy environment persists, and this is illustrated by the lack of enforcement of environmental laws, which require a balance between human well-being and environmental sustainability. The study discussed specific measures, such as the integration and interrelationship of human rights and social, economic, and environmental objectives or principles of sustainable development, holding that states must consider the environmental and social (including human rights) aspects of economic plans. The goal is to create a balance between human well-being and environmental sustainability, ensuring that both present and future generations can thrive in a healthy and sustainable environment. To achieve this goal, an analysis was conducted of the laws, policies, and regulations related to the right to a healthy environment. Furthermore, the study discussed the challenges and opportunities associated with implementing environmental rights and sustainable development. The study used a desktop-based research methodology, also known as doctrinal methodology. This study used rational deduction or legal perception to order, arrange, and organise legal instruments, case laws, resolutions, and legal studies.