AN EXAMINATION OF THE EFFECT OF THE VIOLATION OF EXISTING LEGAL REGIMES FOR ENVIRONMENTAL PROTECTION ON HUMAN RIGHTS

Abstract

Our environment is the sustenance of life upon which humans and all living things depends for their survival, and in other to provide for a sustainable and healthy environment, environmental protection is thus needed to protect the air, water and land from all forms of man activities that lead to the pollution or degradation of the environment for the benefit of both the present and future generation. This research thus seek to examine the effect of violation of existing legal regimes for environmental preservation of human right and to look at the various challenges militating against implementation of the various legal regimes on environmental protection in Nigeria. This research adopts the doctrinal research method or the library based approach by gathering relevant information from the writing of other legal scholars in related field in other to draw the right conclusion. Findings during the research show that Nigeria has an abundance of legal and institutional framework for environmental protection and the preservation of human rights but unfortunately, concerted effort in Nigeria from 1960 till date have not been fully directed to the issues of environmental protection and the development of human right by the successive administration thus leading to mass violations of human rights as well as environmental pollution and degradation. It �also shows that there is a correlation between environmental pollution and human right because living in a degraded environment is a clear violation of man�s fundamental right to life and right to dignity of the human person as clearly guaranteed in the Constitution of the Federal Republic of Nigeria, 1999 and other International legal instruments. After a careful examination of the various legal and institutional frameworks on environmental protection and human right, the findings reveals that there is still much to be done if the goals of sustainable development are to be achieved. The research thus recommends that the Federal and State Government should embark on constitutional and institutional reform to achieve the goal of human right, that there should be Implementation of the International legal regimes for environmental protection and that the government should pursue an ecocentric policy which will promote environmental preservation and conservation amongst others.� The research therefore concludes thatthe government should put measures in place to implement the various international and national legal frameworks on environmental protection and preservation of human right so as to guarantee a safe, clean and healthy environment for both the present and future generation.

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