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Realizing Substantive Rights to Healthy Environment in Nigeria: A Case for Constitutionalization
Ekhator, Eghosa O. Anaebo, Onyeka K.
Ekhator, Eghosa O.
Anaebo, Onyeka K.
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EPub Date
Publication Date
2015-06-05
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Abstract
There has been never-ending debate concerning the right to a healthy environment and the extent to
which the law has provided for or guaranteed the right in national and international contexts. Whilst
some countries have expressly recognised the right to a healthy environment in their constitutions
and subsidiary laws, others have relied on regional instruments and treaties to guarantee such rights,
especially where domestic legislation is either lacking, inadequate or ineffective. This article will
contend that constitutionalising (rather than regionalising before a human rights commission or treaty)
environmental rights domestically would improve environmental outcomes in Nigeria. To further
buttress the constitutionalisation argument, this article will undertake a critical analysis of the right to
the environment in South Africa which has constitutionalised the right to the environment.
Citation
Anaebo, O. K. & Eghosa, O. E. (2015). Realising substantive rights to healthy environment in Nigeria: A case for constitutionalisation. Environmental Law Review, 17(2), 82-99.
Publisher
SAGE Publications
Journal
Environmental Law Review
Research Unit
DOI
10.1177/1461452915578831
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PubMed Central ID
Type
Article
Language
en
Description
Series/Report no.
ISSN
1461-4529
EISSN
1740-5564