The Human Right to a Healthy Environment; Revived by the United States Constitution
Presentation Type
Poster
Faculty Advisor
Thomas Loikith
Access Type
Event
Start Date
26-4-2024 9:45 AM
End Date
26-4-2024 10:45 AM
Description
Climate change has become an area for policy debate in every election. The effects of climate change and its human causes have become increasingly apparent, and its lasting effects are projected to be destructive to human life. The United States voted in favor of a United Nations resolution in 2022 which recognized the human right to a clean and healthful environment. This paper examines the establishment of a constitutional right to a healthy environment in the United States. As lack of government regulation and harmful policies continue, this paper also discusses whether environmental degradation infringes upon this human right without due process of law. An interdisciplinary research approach was used to analyze this complex issue. I used qualitative research methodology, specifically, textual analysis of relevant scholarly works to determine disciplinary insights to find common insights between the disciplines of law and political science (international relations) and arrive at a more comprehensive understanding of the research problem. That increased understanding leads to suggested resolutions of the research problem. As my research and analysis is ongoing, I have not yet reached a firm conclusion. At this point, however, I would hypothesize that enforcement of the right to a healthful environment at the national level in the United States is possible through the due process rights of the Fifth and Fourteenth Amendments and can set the United States as a global leader affecting positive change against the issue of climate change.
The Human Right to a Healthy Environment; Revived by the United States Constitution
Climate change has become an area for policy debate in every election. The effects of climate change and its human causes have become increasingly apparent, and its lasting effects are projected to be destructive to human life. The United States voted in favor of a United Nations resolution in 2022 which recognized the human right to a clean and healthful environment. This paper examines the establishment of a constitutional right to a healthy environment in the United States. As lack of government regulation and harmful policies continue, this paper also discusses whether environmental degradation infringes upon this human right without due process of law. An interdisciplinary research approach was used to analyze this complex issue. I used qualitative research methodology, specifically, textual analysis of relevant scholarly works to determine disciplinary insights to find common insights between the disciplines of law and political science (international relations) and arrive at a more comprehensive understanding of the research problem. That increased understanding leads to suggested resolutions of the research problem. As my research and analysis is ongoing, I have not yet reached a firm conclusion. At this point, however, I would hypothesize that enforcement of the right to a healthful environment at the national level in the United States is possible through the due process rights of the Fifth and Fourteenth Amendments and can set the United States as a global leader affecting positive change against the issue of climate change.