ความสัมพันธ์ระหว่างสิทธิมนุษยชนและสิ่งแวดล้อม เพื่อการคุ้มครองสิทธิมนุษยชนที่เกี่ยวกับสิ่งแวดล้อมอย่างยั่งยืน neglect of duty in controlling, storing and managing of radioactive waste; 2) Decision No. For 13/2552 on the lawfulness of rules ordered and approved by cabinet resolution for damage remedy from noise pollution at Suvarnabhumi Airport; 3) Decision No. Or 743/2555 on State organization neglects duty in rehabilitating the Clity creek and violates the right of community in getting benefits from natural resources according to the Constitution; 4) Decision No. Or 730-748/2557 on payment to recover the damage from wrongful act of officials in case of Mae Moh power plant generating pollution having impacts on the communities; and 5) Decision No. Or 749-764/2557 on the neglect of duty in functioning measures in the EIA study in case of Mae Moh coal mine. Cases concerning compensation from wrongful act which violates human rights under tort law of the Civil and Commercial Code fall under the jurisdiction of the Court of Justice. There are two cases on environmental violation: 1) Decision No. 2147/2547 of Appeals Division 4 on asking for compensation on case of factories generates pollution causing Num Pong creek polluted having impacts on the communities; and 2) Decision No. 5818/2549 on the communities rights with prosecution on conserving the natural resources and environment around the Maya Bay area. Conclusion on the Relation between Human Rights and Environment Considering the relation between human rights and environment, the right to environment can be classified into three levels as follows: 1) Right to live in a healthy environment – This is the narrow meaning of the right to environment. It is not full range of the right to good environment. Rather, it is the combination with the existing human rights such as the right to life and the right to health in protecting the environment. It is “individual rights”, not the collective rights. Claim against the State by using this right is usually claim through “negative rights” where the rights holders can claim only when their rights are challenged or when there are some damages happened to them. The rights holders can claim from the State to “protect” themselves from not being able to live in healthy environment. 2) Right to decent environment for peoples - This is the “positive rights” where the State must provide people with environment that is clean without pollution at the highest standard that the State can reach. By this way, the rights holders do not need to wait until they get damages from the violation of the rights. Only the State neglects providing the clean or good environment at the 17

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