نوع مقاله : علمی - ترویجی
دانشجوی دکترای حقوق بینالملل، دانشکده حقوق و علوم سیاسی دانشگاه تهران
عنوان مقاله [English]
Right to environment and right to research are both belong to human rights, which must be preserved. The individual’s right to enjoy a healthy environment is a part of the human rights which it has been increasingly threatened with human activities. This right is not only a part of outstanding proofs for solidarity right, but it’s also a requisite for certainty of many human rights. Obtaining this right requires a level of development which may cause more damages to environment itself. Therefore, researcher’s activities in course of progression and development might be prejudicial to environment. This article discusses the condition in which the researcher causes damage to environment while conducting scientific investigations and the necessity of compensation is in contradiction with the researcher’s right to scientific investigations. Thus, the article suggests a compensation policy which preserves both rights simultaneously. According to principle 21 of Stockholm Declaration of Human Environment and the principle 2 of Rio Declaration on Environment and Development, the activities under government’s jurisdiction are obligated not to damage environment. Therefore, the government has key role to serve for solving the [discussed] contradiction, improving scientific investigations in a way they cause less damages [to environment] and preventing environmental damages.
The current study aims to investigate the fundamentals of human right to environment and human right to research for solving this contradiction and to investigate the related legal approaches in Iran towards this subject.