Document Type : Research Paper

Authors

1 Assistant Professor of International Law, Faculty Member, Faculty of Humanities, Bu- Ali Sina University, Hamadan, Iran.

2 PhD graduate of International Law, University of Tehran, Tehran, Iran.

3 Ph.D. Student of Public International law, Hamadan Branch, Islamic Azad University, Hamadan, Iran.

10.22054/qjpl.2025.85328.3099

Abstract

Environmental justice addresses issues related to the fair and equitable distribution of environmental benefits through the principle of inclusiveness at local, national and international levels, which is possible through the meaningful participation of vulnerable indigenous populations in decision-making and policy-making processes. The present study, which is presented in a descriptive-analytical manner, examines the perspectives and various aspects of using the concept of environmental justice as a tool for advancing the rights of indigenous peoples in light of Islamic teachings and the international human rights system. The results of the study indicate that Islamic teachings, emphasizing stewardship of the land and maintaining the balance of the ecosystem, recognize the environmental rights of indigenous peoples as part of human rights and the duties of generations. The international human rights system also recognizes the right of indigenous communities to preserve their land, culture and natural resources through documents such as the Convention on the Rights of Indigenous Peoples. The key point of similarity is the emphasis on the participation of indigenous communities in environmental management, but the basis of each (divine in Islam and human in the international system) and the scope of these rights are different.

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