The right to a healthy environment in African human rights law

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Authors: Estifanos Balew Liyew
Cited by: 1
References: 6

Abstract

International recognition of the right to the environment has grown, as it is vital for the full realisation of human rights. This article examines how this right is enforced in Africa, with a focus on the responsibilities of states and the role of regional judicial bodies. It assesses the progress made by the African Commission on Human and Peoples’ Rights and regional courts, emphasising the importance of legal frameworks and environmental jurisprudence. Using a qualitative, doctrinal approach based on secondary sources, the article argues that judicial rulings alone are insufficient. The effective realisation of environmental rights depends on states incorporating these rights into their national constitutions, respecting and implementing court decisions. While Africa has made significant advances through key legal decisions, the article stresses the need for stronger political will and accountability from member states. It concludes by urging African states to adopt inclusive environmental policies and ensure sustainable development for all citizens.

Fields of Study & Subjects

Environmental law and policy Human Rights and Development Legal Issues in South Africa

Publication details

Journal / source
The International Journal of Human Rights
Publisher
Informa UK Limited
Volume
30
Issue
7
Pages
1550–1563
Publication date
22 January 2026
Language
EN