The Right to a Healthy Environment in International Legal Instruments and Afghan Law

Abstract

The growing environmental crises in recent decades have highlighted the importance of recognizing the “right to a healthy environment” as one of the fundamental human needs. The realization of many fundamental human rights, including the rights to life and health, is directly dependent on the existence of a healthy environment. Despite some limited studies, the status of this right in international legal instruments and the legal system of Afghanistan has not been addressed in a systematic manner. The main research question is: what is the status of the right to a healthy environment in international legal instruments and the legal system of Afghanistan, and what similarities and differences can be observed between them? The research hypothesis is based on the idea that the necessity of environmental protection is recognized in both systems; however, in international legal instruments this right is explicitly and independently recognized as a distinct human right, whereas in Afghan law it is implicitly addressed within the framework of state obligations. Therefore, there are significant similarities and differences between the two legal systems. This study was conducted using a descriptive-analytical method with a comparative approach and based on library sources, international legal instruments, and domestic laws. The findings show that despite certain measures in the field of environmental protection in Afghanistan, the lack of explicit recognition of this right as an independent right creates serious challenges for its realization. Accordingly, strengthening the legal framework, ensuring effective enforcement mechanisms, establishing specialized environmental courts, raising public awareness, and developing comprehensive environmental policies are necessary and indispensable for the effective realization of this right.