ความสัมพันธ์ระหว่างสิทธิมนุษยชนและสิ่งแวดล้อม
เพื่อการคุ้มครองสิทธิมนุษยชนที่เกี่ยวกับสิ่งแวดล้อมอย่างยั่งยืน
Old Constitution
New Constitution
Both the 1997 and 2007 Constitutions had
written “community rights” but as the right to
participate with the State in managing natural
resources and environment which is the procedural rights, not the substantive rights.
The 2007 Constitution had recognized the
rights of individuals but as the right to participate
with the State and the community in managing
natural resources and environment which is the
procedural rights, not the substantive rights.
Both the 1997 and 2007 Constitutions had
stipulated the procedural rights of all three
forms: right to information, right to participate
in decision-making process, and right to access
to justice, to be applied for both environmental
and non-environmental cases. Two specific
measures for environmental cases only: right
to information and right to participation in
EIA process; and right of community to sue
the governmental officers for protecting the
community right.
Should have subordinate law written on
definition of the community rights under the
Constitution and on conditions for using such
rights in the more environmentally friendly and
sustainably in the Thai way,
It is acceptable to write the right to environment or the right to live in good environment
as new provisions in the Constitution with the
condition that it should be linked to the
community rights which are collective rights.
Should stipulate the three types of procedural
rights particularly for environmental case namely
the right to information on environment, the
right to participate in decision-making process on
environmental matters, and the right to access
to environmental justice.
Duties of people for protecting the environ- Should stipulate clearly on the duties of
ment had been stipulated.
people and the duties of State for protecting
environment especially the duties of State
should be written to have legal responsibility if
the State fails to do its duties.
Duties of State for protecting the environment
had been stipulated.
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