The Right to Environment
摘要
A human rights-based approach (HRBA) is crucial for environmental conservation, accountability enhancement, and empowerment of those affected. It integrates the principles of human rights, such as accountability, equality, non-discrimination, and inclusivity. HRBA strengthens the relationship between duty bearers and rights holders by empowering individuals to hold duty bearers responsible and pursue remedies for violations. Uniform international environmental human rights standards, enhanced state capacity to carry out their responsibilities, more accountability, and more successful, sustainable, and legitimate outcomes are among the advantages. It is essential to support vulnerable groups, such as women, children, the elderly, people with disabilities, indigenous peoples, and those living in poverty. In view of the aforementioned, this chapter provides a summary of Mauritius’ institutional and legal framework for environmental protection in order to determine whether or not it upholds the human right to a safe and healthy environment. In order to support the domestic framework that permits the state to take an HRBA approach to environmental preservation, it then focuses on the African Charter and makes the case that there is an existing right that ought to be applied in Mauritius.