ENFORCEMENT OF HUMAN RIGHTS NORMS IN ENVIRONMENTAL PROTECTION IN NIGERIA
1.1 Background of the Research
The importance of observing human rights in any legal system and its significance cannot be overemphasized. Notably, one of the lessons of globalization and the new international economic order is the increasing awareness that the enforcement of human rights is a cornerstone in the realization of sustainable development, nationally and internationally. To this end, looking at the concept and nature of sustainable development, and what it professes, the importance of a legal system lies not only in ensuring civil liberties but in addition creating a viable environment where economic development and social equity can be enjoyed.
Nigeria has ratified plethora of human rights treaties that seek to set globally applied standards. Some of these standards, especially in recent times are not limited to civil liberty domain rather they serve as prelude to the realization of both socio-economic, cultural and solidarity rights which make room for the realization of sustainable development . These rights in essence form the new international economic and legal order and thus emerges the concept of sustainable development which “environmental law’’ seeks to promote.
Within the context of environmental law however, are the ontological and historical dimensions. These dimensions depict a mother-child correlation or evolution theory. It is established that human rights of the second and third generations which of course, are developed from that of the first generation, all as reminiscent of natural law, are now being codified with minimum standards. These standards are raised by international law and made tangible by municipal law. Thus, emerges the consciousness that there are environmental rights, such as the right to a clean and healthy environment, the right to development, the right to participate in the developmental and approval process, the right to environmental information, the right to compensation and the right of access to justice. They are however, the corollaries of the right to life.