What is the evidence that environmental, human right is developing?
One of the indications that environmental, human right is developing is the extent to which it has emerged in national constitutions. There are studies which list these constitutional provisions.
A trend that has been noted it that almost every constitution under revision or in adoption since 1970 considered environmental issues. A typical example is the well-cited constitutional provisions from the Brazilian Constitution, which states that: “everybody has a right to an ecologically balanced environment, an asset for common use by the people, and essential to the wholesome quality of life.” This is far from ecocentric and remains fundamentally anthropocentric; as new environmentalism inspired this wave of political and social changes, taking the environment into consideration, but only in consideration to human betterment and satisfaction. Similarly, such provisions also exist in the new constitutions of Slovakia, Slovenia, Hungary, Poland, and South Africa.
According to Michael Bothe, the constitutions of the EU Member States now recognize environmental values; Contrariwise, this recognition does not really provide affirmative rights to the protection of the environment. He claims that “the constitutional recognition of environmental values is a basis for protection against infringements and repressions.” The anthropocentric nature of the environmental, human right is a subject of concern for. A number of commentators. One of the views on this issue are that having environmental, human rights is a reinforcement of the idea that the existence of the environment and natural resources is only for human benefit and have no intrinsic value. Also, this creates a hierarchy which says humanity is superior and important and distinct from other members of the natural community. ‘More specifically, the objectives and standards applied are human-centered. Humanity’s survival, living standards and the continued use of resources are the objectives”. The environmental state and environmental rights which are derivative of new environmentalism and to a certain degree categorized by it are fundamentally anthropocentric as it is influenced by what is needed by humanity and not the needs of other species.