The Constitution recognises the general need to improve the quality of life of all persons. Certain constitutional rights can be used to support reasonable environmental demands. However, it should also be noted that there may be tension between the environmental right and other rights in the Bill of Rights. These include:

• The right to life (Section 11)
• The right to human dignity (Section 10)
• The right to privacy (Section 14)
• Certain socio-economic rights that are relevant:
  • the right of access to adequate housing (Section 26)
  • the right of access to sufficient food and water (Section 27)
  • the right of access to health care services (Section 27)
  • the rights of children to basic nutrition and shelter, and to be protected from maltreatment, neglect, abuse or degradation (Section 28)

(See: Section 26: Right of access to housing and Section 27: Right of access to health care, food, water and social security)

Example:

General Rights Relating to the Environment

A community residing in an informal settlement is living with no running water, refuse removal and sanitation. The bucket toilet system is used, which is a constant health risk to the environment and community. Which rights are potentially affected in this case?

The lack of water or sanitation in the informal settlement could pose a threat to the health of the residents. The failure of the local authority to provide toilets, water, sanitation, adequate housing and refuse removal potentially violates a number of constitutional rights, including:

• The health of the residents
• The well-being of the residents is threatened
• The right of access to adequate housing
• The right of access to water is violated
• The rights of the children to be protected from degradation
• The right to life, due to the potential for the outbreak of a disease like cholera
• The rights to privacy and dignity, due to the lack of toilets

What can the residents do?

The Constitution places a duty on all spheres of government to take reasonable steps, including making laws and policies, to provide access to basic health care, food and running water. If the residents felt that the government had not taken reasonable steps to provide access to water, sanitation and housing, they would be able to approach a court, which would be required to decide whether the steps taken by government to realise these rights were reasonable. Strategies the residents can take are suggested on page 435 Ways to resolve environmental disputes.