GREENING HUMAN RIGHTS: PROMOTING THE RIGHT TO A HEALTHY ENVIRONMENT THROUGH THE INSTRUMENTALITY OF HUMAN RIGHTS LAWS AND THE CONSTITUTION IN NIGERIA

Abstract

Nigeria is one of the countries where the right to a healthy environment is provided for in the Constitution but is not explicitly justiciable. Amid concerns about environmental pollution and climate change, the Constitution and human rights legislation have become principal tools for advancing environmental justice by “greening” existing provisions to implicitly address environmental issues. While this approach is a positive development, it is not the most effective means of protecting the right to a healthy environment, as the right is not a strictly defined area of law and overlaps with other laws that can change at any time. This article recommends making the right to a healthy environment justiciable and enforceable by transferring it from Chapter II, which is non-justiciable, to Chapter IV of the Constitution, which is justiciable, to ensure the practical realisation of this right.

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UNILAG Law Review, (2024) Volume 7 Edition 1.