Recognition and Constitutional Guarantee of the Right to the Environment in the Democratic Republic of the Congo

Abstract

Since 2006, the Constitution of the Democratic Republic of Congo has included the right to a healthy environment on the menu of justiciable rights. This reform is undoubtedly of symbolic importance, in that it introduces the concept of a healthy environment into the highest hierarchical standard of domestic law. Despite this, the options and words used by the constituent are open to criticism. In particular, the choice of terms and the inclusion of the right to the environment within the category of economic and social rights enumerated in Article 53 do not appear to be entirely satisfactory because they reduce its content to the protection of human health, even if health is understood in its broadest sense, including well-being. The approach is therefore part of an anthropocentric trend which, after having marked the beginnings of environmental law, seems to be experiencing a new revival. This approach calls for a study of the formalisation of the right to a healthy environment, its constituent parts, its obligations, and its effectiveness.