Analysis of the Role of the Upper Documents and Laws of Development Programs of the Islamic Republic of Iran in Protecting of Environment

Subject Areas : environmental low

Zeinab Esmati ¹ ( Assistant Professor, Department of Law and Political Science, Karaj Branch, Islamic Azad University, Iran. *(Corresponding Author) )
tahmineh edalatju ² ( Assistant Professor, West Tehran Branch, Islamic Azad University, Iran )

Received: 2017-12-14 Accepted : 2019-01-23 Published : 2020-07-22

Keywords: Constitution, Environment, Human rights, Development programs, The right to Environmen,

Abstract :

Legal protection of the right to the environment is a tool to achieve environmental protection. The right to a healthy environment is widely recognized in the constitutions of developing countries. However, the non-compliance of upstream documents such as the constitution, general policies of the system and development programs, and the lack of integration of these laws in compliance with the environment are among the challenges in this area. In the constitution, in principle 50, environmental issues are emphasized and a roadmap is drafted. In this principle, environmental protection is considered a public duty. The issue of environment has been considered by planners and politicians in various development programs. Knowing how much of a program's tasks have been accomplished can lead us to better planning in the future. In this article, it was tried to extract the provisions related to the field of environment from the development programs and to examine the actions taken in that field. The results of the research show that in the development programs in the field of environment, either some of the programs were not implemented at all or if they were implemented, they were very incomplete, so they did not have the necessary efficiency. There are challenges in the field of environment that should be looked at critically in order to reduce the problems of this sector in addition to solving the challenges. The legal system of the Islamic Republic of Iran is based both in thought and in practice on the implicit acceptance of human rights to a healthy environment, but in order for this recognition and foundation to enjoy full practical benefits, various governmental institutions, including legislative, executive and judicial, must They are working to improve the current situation.

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