One of the fundamental and undeniable rights of every human being is the right to life. If the environment in which a person lives is damaged, their right to life and dignity, which is dependent on the surrounding environment, is also endangered. Therefore, the right to life and human dignity is the basis for the right to a healthy environment. The right to a healthy environment, as one of the fundamental rights, is intertwined with legal rights such as freedom and equality. As stated in the first principle of the Stockholm Declaration, “Man has the fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.”

The right to a healthy environment, according to the categorization of Karl Vasak, is recognized as part of the third generation of human rights. The third generation of human rights, following the first generation as civil and political rights and the second generation as economic, social, and cultural rights, is known as the rights of solidarity. In terms of examining the distinct characteristics of these three generations, it can be said that the first generation of human rights is primarily based on negative rights, which require non-interference and the removal of government obstacles or negative actions; for example, for the freedom of expression, it is the government’s duty to minimize its interference and not restrict people’s free expression or thoughts. On the other hand, the second generation of human rights is the opposite and requires positive action from the government; for example, for the right to employment, the government must implement specific programs to achieve it. The characteristic of the third generation of human rights, as Karl Vasak puts it, is

The right to a healthy environment has been mainly raised by experts and policymakers after World War II in the international arena; however, it was not mentioned in the Universal Declaration of Human Rights and the Covenants (the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights). Several international documents have been adopted on the right to a healthy environment, the most important of which are the Stockholm Declaration, the World Charter for Nature, the Hague Declaration, the Rio Declaration, the Vienna Declaration, and the United Nations Millennium Declaration. However, there is no global or universal convention to obligate and commit governments to comply with its provisions. This gap has been partially filled by regional conventions. In the field of the right to a healthy environment, there are many regional human rights documents that have mandatory rules, the most important of which are the African Charter on Human and Peoples’ Rights adopted in 1981 and the Additional Protocol to the American Convention on Human Rights adopted in

In light of international developments in the field of environmental rights, Iran’s domestic laws have also been able to identify and establish regulations to protect these rights. Article 50 of the Constitution of the Islamic Republic of Iran states: “In the Islamic Republic, the protection of the environment, in which the present and future generations must have a growing social life, is considered a public duty. Therefore, economic activities and others that result in environmental pollution or irreparable damage are prohibited.”

In addition to the mention of the Constitution, numerous ordinary laws and regulations have been passed before and after the revolution regarding environmental protection, such as the Law on Preservation and Expansion of Green Spaces, approved in 1352, the Law on Environmental Protection and Rehabilitation, approved in 1353, the Law on Hunting and Fishing, approved in 1346, the Law on Prevention of Air Pollution, approved in 1374, the Law on Protection and Management of Forests and Rangelands, approved in 1346, the Law on Municipalities, approved in 1334 and subsequent amendments, the Law on Water and its Nationalization, approved in 1347, the Law on Iranian Maritime Zones in the Persian Gulf and the Sea of Oman, approved in 1372, and so on.

Iran has continuously joined many international and regional conventions and protocols related to environmental protection and its related issues, including the 1969 Convention on Intervention in the Free Seas in Case of Oil Pollution Incidents, the 1971 Ramsar Convention on Wetlands of International Importance, the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora, the 1987 Vienna Convention for the Protection of the Ozone Layer, and the 2000 Cartagena Protocol on Biosafety.

Multiple internal organizations are also responsible for protecting the environment, including the Environmental Protection Organization, which is headed by one of the vice presidents (currently Ms. Masoumeh Ebtekar), the Forests and Rangelands Organization, the Ministry of Health, the Iranian Fisheries Company, Islamic City and Village Councils, municipalities, the Atomic Energy Organization of Iran, and others.

In the 1392 Islamic Penal Code, provisions for criminal enforcement in the field of environmental protection have also been included, with the majority of related materials falling under Chapter 25 of the Book of Punishments, including materials 901 to 915.

At the end, it is worth mentioning that in Iran, environmental rights in general and respect for the right to a healthy environment in particular, despite progress made, are not sufficiently supported by the legal system and the necessary organization. Furthermore, the implementation of these rights through the actions of the government and civil society is faced with many challenges. It is hoped that this region of the Earth, which is entrusted to future generations, will remain safe from the dangers of environmental crises in the contemporary world, through respect for the right of citizens to a healthy environment.