Is the Benefit of an Accessible Environment a Right?An Analysis Based on Empirical and Conceptual Justification Standards
The implementation of the Law on the Construction of an Accessible Environment does not imply that the benefits of an accessible environment have become a statutory individual right.An examination using empirical and conceptual standards reveals that,although the benefits of an accessible environment meet empirical standards,their nature as a public interest dictates that they lack the corresponding relational obligations.Therefore,they do not meet the standard of individual choice protection within the conceptual standards and should not be considered as an individual right.This,however,does not preclude the provision of necessary legal protection for the benefits of an accessible environment.To this end,an individual-society-state protection structure can be constructed based on the bundle of rights theory.This structure,combined with the public interest and human rights attributes of the benefits of an accessible environment,can promote the development of the right to lodge complaints,public interest litigation,and human rights protection among social members.
The right to an accessible environmentRight justificationEmpirical and conceptual standardsBundle of rightsHuman rights protection
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