www.ilaw.cas.cz/env

About the project/News

The book on theoretical aspect of the right to environment



Hana Müllerová: Právo na životní prostřed - Teoretické aspekty [Right to Environment - Theoretical Aspects.] Prague: Institute of State and Law of the Czech Academy of Sciences, 2015, 125 p.
The book The Right to Environment: Theoretical Aspects presents to Czech readers the human right to environment from the perspective of rights' and human rights' theory. Within the Czech environmental law writing this presents a new approach, trying to build a theoretical background for further developing the concept of a human right related to environmental quality. The author examines whether the concept of such a new human right, that still suffers from ambiguity and lack of clarity may compare to traditional human rights and may make a relevant part of the human rights catalogue.
The first part of the book deals with several key issues necessary for a successful building the concept of the right to environment as a human right, especially with the existence and justification of human rights and possible ways of recognizing new human rights. Secondly, the book considers the possible position of the right to environment within the generations of human rights, the personal scope of the right and possible content elements of it. Within this part, the author pays closer attention to three subtopics that have not yet been treated in detail in the Czech environmental law theory: 1. to possible solutions to the anthropocentrism ever-present in human rights as such and making the most serious obstacle to recognizing the right to environment in the full sense of the word “environment” here; 2. to balancing the environmental protection interests against the economic and social interests within the concept of sustainability; 3.  to intergenerational solidarity and future generations' rights.
The book is intended to environmental law theorists and students who would like to have a deeper insight in the interlinkages between human rights and the environment. Within the Czech environmental law debate, it brings an important contribution in the developing field of environmental rights.
The book (in Czech) is available here.



Conference on human right to environment

On 16 October 2015 the conference „Human right to environment“ was held at the Czech Academy of Sciences as a part of the grant project of the Grant Agency of the Czech Republic No. 14-32244S "Human right to environment in national law: advanced theory, poor practice?".
The conference  focused on the interconnections between human rights and the environment, both in theory and in the Czech judicial case law. In 2014, there was a significant shift in the interpretation of the right to a favourable environment recognized under the Czech Constitution in the Czech Constitutional Court that accepted for the first time an environmental NGO as a subject claiming the right. The participants to the conference commented on this positive interpretational change and considered future prospects of the right in the Czech Republic. The conference gave an opportunity for environmental law theorists and other academicians, justices, and also environmental NGOs members to meet and share their experience with both theory and practice of legal environmental protection. 









Hana Müllerová, the Grant Project of the Grant Agency of the Czech Republic No. 14-32244S "Human Right to Environment in National Law: Advanced Theory, Poor Practice?"