Civil Liability of the State in Violating Citizens’ Right to a Healthy Environment

Abstract

The right to a healthy environment, as reflected in Principles 45, 48, 50, and 153 of the Constitution of the Islamic Republic of Iran, is regarded as a universal duty. The State, as the implementing authority of development projects, inevitably inflicts irreversible damage on the environment. If the basis of State liability is understood through the lens of the fault theory, it may lead to transgression and negligence, destruction of national resources, and threats to citizens’ health. The civil liability of the State must be interpreted according to the governing principles of public law so that, on this basis, absolute and strict liability of the State may be imposed in certain environmental programs. This is due to the fact that enforcement of the Constitution, as well as supervision of the majority of matters related to the environment and natural resources of the country, rests with the State. Lack of supervision and judicial follow-up has resulted in the non-realization of citizenship rights and, consequently, the violation of citizens’ right to health. In other environmental cases, theories such as risk creation, guarantee of rights and welfare, and “risk in exchange for benefit” may serve as bases for ensuring enforceability of the right to a healthy environment for citizens against State decisions and actions. In this article—prepared for the defense of a doctoral dissertation in public law titled Civil Liability of the State in the Right to a Healthy Environment, with Emphasis on the Foundations and Principles of Citizenship Rights—we have sought, through a library-based research method and by examining higher-order documents, domestic laws, and international instruments from the perspective of public law, to provide a new approach to State liability. The ultimate objective is to witness the emergence of new judicial practices through legislative reform and proper interpretation of the law.