Description

Over the last few decades, the interplay between human rights and the environment has emerged as a central concern due to their intricate interdependence. In the course of time, the relationship has transformed from an antagonistic agony to a symbiotic symphony. Notably, the precise insertion of the human rights framework in the Paris Agreement represents a significant progression in efforts to create a cohesive link between human rights and the environment. This is an important development. Since then, the intersection of both domains has been endeavored to integrate, which is evident from the development of the right to a healthy environment. Despite the fact that there is a growing convergence between the two sectors, considerable challenges still exist between them. These challenges are the cause of the failure to respond to the environmental problems that the world faces today. At this juncture, the introduction of a new philosophical foundation in the realms of law and policy is necessary to remove the challenges that stand in the way of the relationship between human rights and environmental protection. Therefore, reconstruction of the current ontological framework in order to form a novel philosophical foundation is necessary to respond to the current global environmental crises, such as climate change and, at the same time, enjoyment of the right to a healthy environment. This reconstruction can be achieved by decolonising environmental law and policy through the acknowledgement of the sovereignties and governance of indigenous and local communities in environmental matters.

Keywords: Human Rights, Environmental Protection, Colonialism,
Right to a Healthy Environment, Climate Change.