The right to the environment and the prohibition of regresion in the international normative framework

Abstract

This text addresses the right to a healthy environment and the validity of the prohibition of regression in the levels of environmental protection within the international normative framework. Based on this premise, the research aims to investigate, through an in-depth normative and doctrinal study, the right to an ecologically balanced environment in the spheres of international and community law. This including an analysis of the prohibition of regression, with a further investigation into its definition and legal nature. Methodologically, the research predominantly adopts the deductive method, applying bibliographical and documentary research techniques. As a result, it is noted, through a combination of various soft law international instruments and existing international treaties, that the current recognition of the right to a healthy environment for present and future generations is established as an autonomous human right. It is also concluded that the prohibition of regression in the levels of environmental protection remains normatively consolidated, being understood as a general principle of environmental law.