ABSTRACT

The right to a healthy environment is increasingly being recognised as a basic human right at international, regional, and national levels. Most French-speaking African countries recognised this right in their constitutions and national laws. However, the mere legal enshrinement of this human right is not enough to make it effective; it is also necessary that its beneficiaries have the possibility of approaching the courts in the event of its violation. It is in this regard that this chapter interrogates the recognition and practical scope of justiciability of the right to a healthy environment in the French-speaking African states. It aims to demonstrate that while this justiciability is legally recognised, it is nevertheless confronted with a set of obstacles that reduces its practical scope. It is, therefore, necessary to take measures to ensure the effectiveness of the justiciability of the right to a healthy environment, to promote its full attainment.