The Basic Law of the State Constitutionally Enshrines the Human Right to a Healthy Environment

 

Mohammmed Rashid Ahmed Al Makhmari

This study explores the constitutional enshrinement of the human right to a healthy environment, a critical nexus of law, human rights, and environmental sustainability. Employing an analytical methodology, it meticulously examines constitutional texts and legal frameworks, focusing on their intricate details and implications for environmental rights. A systematic collection of data from various sources was conducted. These sources encompass authoritative books, reputable magazines, and scholarly journal articles that provide insights into the constitutional framework, environmental law, and the interplay between legal provisions and environmental rights within the Sultanate of Oman. Additionally, the study involves an in-depth analysis of the Basic Statute of the Sultanate of Oman, established by Royal Decree No. 101/96, which serves as a key reference point for interpreting the constitutional inclusion of environmental rights in Oman. The primary findings highlight the environment as a shared global heritage, attracting considerable attention at both international and national levels. The study underscores the urgent need for collective action to combat environmental degradation and pollution. It reveals the complexities surrounding the human right to a healthy environment, necessitating strengthened legal frameworks and governance mechanisms for its practical preservation and promotion. Key recommendations include the explicit integration of the human right to a healthy environment into the Basic Law of the State, emphasizing the shared responsibility of both the state and individuals in preserving environmental balance for sustainable development. The study stresses the importance of the state's proactive role in environmental protection and individual awareness and commitment to preservation practices. It advocates for a comprehensive approach that involves legal, policy, and societal efforts to safeguard the environment. The study calls for robust legal provisions, active state engagement, international cooperation, and individual commitment to environmental preservation.

 

Keywords:Constitutional enshrinement, Environmental rights, Legal frameworks, Sustainable development, Public awareness

 
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