Mechanisms to guarantee the right to clean air in Iran and the European Union

Subject Areas : environmental low

fatemeh hamidi ¹ , maryam afshari ² , Ali Mashhadi ³

1 - PhD student in environmental law, Faculty of Natural Resources and Environment, Islamic Azad University, Science and Research Unit, Tehran, Iran.
2 - Assistant Professor, Islamic Azad University, Damavand Branch, Tehran, Iran (corresponding author).
3 - Associate Professor of Law, International Department, Faculty of Law, Qom University, Qom, Iran.

Received: 2022-06-25 Accepted : 2022-11-02 Published : 2022-09-23

Keywords: right to clean air, Laws, Eu, Air pollution, internal documents,

Abstract :

Background and Aim: In Iran, the issue of guaranteeing the right to clean air and its enforcement mechanisms has not yet found its real position in the legal system. The purpose of the article is to interpret the current situation regarding the right of citizenship, according to access to clean air, and the corresponding laws in Iran. To achieve this goal, European countries and corresponding laws have been chosen as benchmarks. Finally, providing solutions in the form of reasons for not defining the corresponding human rights laws and implementing them in the field of clean air will be the ultimate goal of the article.Methods: The current research is of the type of applied research, especially, the inferential approach and the analysis of the existing conditions by the author were the main paths in the final impressions.Findings: In Iran, the issue of guaranteeing the human right to clean air and its enforcement mechanisms has not yet found its real position in the legal system, specifically, elements such as the need for large investments, long-term and researched planning, and access to modern technologies for industrial use. The main challenges in defining and implementing citizens' rights are in the issue of access to clean air. In contrast, the European Union has always been a pioneer in creating a specific legal system in the field of dealing with air pollution.Conclusion: According to internal and external reports and standards, the level of air pollution in Iran violates the rights to life and health, children's rights, and the right to live in a healthy and sustainable environment. In Iran, there is no sufficient legal system to restore citizen's rights in the issue of clean air, or if there is, they are not fully implemented

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