Advancing the constitutional goal of social justice through a teleological interpretation of key concepts in the environmental rights in section 24

[摘要] ENGLISH ABSTRACT:The protection and conservation of the environment is essential for the continued existence of humankind, particularly in light of the challenges of climate change and environmental degradation. Along with these environmental concerns, South Africa faces challenges of poverty and inequality which can exacerbate environmental degradation. It is also often the poor who bear the brunt of the impacts of pollution and environmental degradation. Any effective approach to environmental protection must be mindful of the need for poverty alleviation, while any socio-economic development must bear in mind the absolute necessity of the environment for the existence of humankind. Section 24(a) of the Constitution provides for the right to an environment not harmful to health or well-being, while environmental protection is included in section 24(b). A handful of cases have dealt with this right, but its meaning has not been developed or sufficiently defined. This thesis looks at the interpretation of the key concepts of 'environment, 'health or well-being, and 'sustainable development in section 24. This is done through a teleological interpretation of the right which is mindful of the role of the interdependence of rights, and the context of the Bill of Rights and the Constitution as a whole. In light of the transformative goals of the Constitution it is important that section 24 is construed with due regard to the influences and challenges of socio-economic concerns such as poverty, unemployment and inequality. This thesis argues that the environmental right in section 24 can and should be interpreted to advance the needs of the poor and improve their quality of life alongside the protection of the natural environment.

[发布机构] Stellenbosch University