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Periodical article | Leiden University catalogue | WorldCat |
Title: | Human rights and environmental law: the case for a conservation bill of rights |
Author: | Glavovic, P.D. |
Year: | 1988 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 21 |
Issue: | 1 |
Pages: | 52-75 |
Language: | English |
Geographic term: | South Africa |
Subjects: | human rights environmental law |
Abstract: | As has occurred in other countries, environmental law is beginning to achieve recognition in South Africa as a discrete branch of law. Since the most basic right of all is the right to survive, there is a clear need for adoption of the constitutional option of entrenching a conservation ethic in a bill of rights, as opposed to the mere declarations of policy as envisaged in the Draft Bill on Environment Conservation of 29 May 1987. This article pays attention to the following issues: the recognition in the political and legal order of group rights; the conservation role of the executive branch of the South African government; the role of law to enforce environmental protection; the right to a safe environment, as expressed by the Law Reform Commission of Canada; and the right of specified conservation bodies to take legal action. The conservation of wilderness and other natural areas should be taken out of the hands of politicians and firmly entrenched in the constitution. Notes, ref. |