When different human rights conflict, a court weighs the harms to the interests, then decides to balance them. This is called the proportionality test, which evaluates whether a limitation on one right is necessary to protect another. The same process happens when the Rights of Nature conflict with human rights.
-
-
Example: Free Speech (Expression) vs. Privacy/Reputation
- Outcome: If the information is deemed high public interest (e.g., corruption), freedom of expression generally outweighs individual privacy
-
Example: Free Speech (Expression) vs. Privacy/Reputation
Given that ecosystems and nature provide a life support system for humans, their interests must, at times, override other rights and interests.
Many nations have expanded their body of legal rights to recognize a human right to a healthy environment. This includes Spain, France, Portugal, Greece, and Finland. Locally in the United States, Green Amendments, state-level constitutional rights to a healthy environment, including clean air and water, are found in the constitutions of Montana, Pennsylvania, and New York.
Fulfilling the human right to a healthy environment is unachievable without a fundamental change in the relationship between humankind and nature.
Implementing and fulfilling a true human right to a healthy environment is dependent on the health of the natural environment itself. This can only be achieved by securing the highest protections for the natural environment — by recognizing in law the right of the environment itself to be healthy and thrive.