Page 15 - รายงานการศึกษาวิจัย เรื่อง ความสัมพันธ์ระหว่างสิทธิมนุษยชนและสิ่งแวดล้อมเพื่อการคุ้มครองสิทธิมนุษยชนที่เกี่ยวกับสิ่งแวดล้อมอย่างยั่งยืน

ส�ำนักงำนคณะกรรมกำรสิทธิมนุษยชนแห่งชำติ

under Arhus Convention but that is not recognized as a new type of human rights since it borrows

from Principle 1 of the 1972 Stockholm Declaration. The application of human rights is thus on the
types that are already existed and accepted.

2) America – Regional document refers to ‘right to live in healthy environment” which is not
independent human rights. Rather, it is the combination of right to life and right to health. Also, such
recognition is limited only in a group of developing countries in the South America.

3) Africa – Regional Charter establishes “right to good environment” as a new type of human
rights by using with right to development and applying with groups of people as collective rights.

Right to Environment and Constitution

Many countries in the world prefer bringing the issues on human rights and environment to
be guaranteed in constitutions. From experiences of the studied countries in three regions, it is found

that there are four ways of stipulating the issues in the constitutions as follows:
1) Put it as substantive rights – This can be done through two types of rights: right to good
environment or right to live in good environment.

2) Put it as procedural rights - This can be done through three types of rights: right to
information, right to participate in decision-making process, and right to access to justice.

3) Put it as duties of people on protecting the environment.
4) Put it as duties of State on protecting the environment.

The result and guideline on how to support community right and the right to environment
to be realized in Thai society under the international and country context, by stipulating the right to

environment in the Thai Constitution, through the comparison between the old constitution and the
new constitution, can be summarized as follows:

Old Constitution New Constitution

 Substantive rights both the right to good  The rights that are already existed should be
environment and the right to live in good envi- continued such as the community rights.
ronment never been stipulated.

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