Draft
Any decision by a person, group of people, organization or government that brings about or could bring about degradation of the environment, is contrary to the human right to a good environment and as such is fundamentally unlawful. It is a human right to be able to challenge such decisions throughout the process of decision making and in courts of law and tribunals. Environmental degradation can be rendered lawful when brought about to satisfy other basic human rights and where other less environmentally degrading alternatives are not viable. In the event that such decisions are sanctioned on the grounds that it is necessary to cause environmental degradation to satisfy other basic human rights, the degradation must be tied to an equitable form of compensation that in at least equal measure, benefits the environment of the community or area of land, air, sea ecosystem or water that is suffering or would suffer that degradation or risk of degradation.
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