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. 15

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