Document Type : Original Article
Authors
1
PhD student, Department of Law, Zah.C., Islamic Azad University, Zahedan, Iran.
2
Department of Public Law, Shahid Beheshti University, Tehran, Iran.
3
Department of Public Law, Is.C. (Khorasgan), Islamic Azad University, Isfahan, Iran.
Abstract
The government has obligations towards citizens based on the right to a healthy environment, which is considered a fundamental human and citizenship right. The right to a healthy environment is founded on principles such as sustainable development, prevention, precaution, the polluter-pays principle, environmental justice and fairness, sovereignty, information disclosure, cooperation for environmental protection, and precaution. In exercising its sovereignty and in accordance with the foundations of this right, the government is committed to protecting citizens against environmental risks. Environmental considerations in the exercise of government sovereignty should serve as a primary basis for the approval of national plans and projects. Moreover, the independence of the organizations for environmental protection, natural resources, and agricultural jihad, along with the amendment or enactment of new laws and their consolidation, can take effective steps toward fulfilling the government's absolute and sole responsibility for environmental obligations, thereby advancing the realization of citizens' rights. This article, which has been prepared in defense of a doctoral dissertation in public law entitled "The Civil Liability of the Government for the Right to a Healthy Environment with an Emphasis on the Foundations and Principles of Citizenship Rights," attempts to examine upstream documents, domestic and international laws from the perspective of public law using a library-based method, and to adopt a novel approach to government liability, so that through legal reforms and proper interpretation, we may witness the establishment of new judicial precedents.
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