인권과 환경의 관계에 관한 소고(小考)

Recently, the consideration on the relationship between human rights and the environment is becoming more active. Human rights and the environment are closely related to each other. First, human rights can work as a means of protecting the environment. This implies a temporary implementation of environmental protection through human rights claims. Conversely, humans rely on a clean and healthy environment to enjoy their basic human rights. Environmental degradation can affect the realization of human rights. Environmental degradation, including pollution of air, water and land can affect the realization of particular rights, such as the rights to life, food and health. This article discusses the theoretical issues that arise in the relationship between human rights and the environment and analyzes the precedents of European Court of Human Rights. The nature of the relationship between human rights and the environment, there are three major approaches to explaining this. The first approach submits that human rights are tools to address environmental issues, both procedurally and substantively. This approach emphasizes the possibility of using human rights to achieve adequate levels of environmental protection. The second approach postulates that the environment is a precondition to the enjoyment of human rights. The third approach proposes the integration of human rights and the environment under the concept of sustainable development. The prism of the relationship between environmental protection and human rights is a synergy. The commonality of the three approaches discussed above is that they view the relationship between the environment and human rights from a synergistic perspective. Environmental protection and realization of human rights are mutually reinforcing. This paper also examines three theories of human rights approach to environmental issues: expansion theory(or reinterpretation theory), environmental democracy theory, and genesis theory. And I analyze the cases of the European Court of Human Rights in relation to environmental pollution or environmental damage. The conclusion concludes with the limitations and prospects of a human rights approach.