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The right to a healthy environment (RTHE) has emerged as a foundational principle in international human rights and environmental law, recognized by over 85% of UN Member States. Although China has yet to formally adopt RTHE in its constitutional or statutory framework, significant progress has been made through its “Ecological Civilization” agenda and evolving environmental legislation. This chapter examines the global development of RTHE, including its substantive and procedural dimensions, and analyzes comparative constitutional, regional, and treaty-based practices. It then critically assesses the current status of environmental rights in China—across constitutional, legislative, and policy levels—and explores theoretical debates surrounding their nature and scope. Drawing on international experience and China’s legal context, this chapter proposes a hybrid model for incorporating RTHE into China’s proposed Eco-environmental Code. It advocates for a unified, multi-layered legislative approach to strengthen environmental rights protection while aligning with China’s developmental and governance priorities.

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Incorporating the Right to a Healthy Environment (RTHE) into China’s Eco-Environmental Code: International Experience, National Context, and Legislative Recommendations

  • 章节

  • 发表日期：

    2025年

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  • Lingling He,
  • Ciprian N. Radavoi

摘要

The right to a healthy environment (RTHE) has emerged as a foundational principle in international human rights and environmental law, recognized by over 85% of UN Member States. Although China has yet to formally adopt RTHE in its constitutional or statutory framework, significant progress has been made through its “Ecological Civilization” agenda and evolving environmental legislation. This chapter examines the global development of RTHE, including its substantive and procedural dimensions, and analyzes comparative constitutional, regional, and treaty-based practices. It then critically assesses the current status of environmental rights in China—across constitutional, legislative, and policy levels—and explores theoretical debates surrounding their nature and scope. Drawing on international experience and China’s legal context, this chapter proposes a hybrid model for incorporating RTHE into China’s proposed Eco-environmental Code. It advocates for a unified, multi-layered legislative approach to strengthen environmental rights protection while aligning with China’s developmental and governance priorities.