Chile is part of the phenomenon of Environmental Constitutionalism developed in the Latin American region. Thus its Political Constitution contemplates the right of people to live in an environment free of contamination and establishes duties for the state regarding the law and the protection of the environment. However, this formula has been deficient, which warrants rethinking the issues related to the environment at the constitutional level. This work follows this path from the study of the constitutional reform projects currently in the National Congress to systematize analysis at the service of a change that is the basis for an adequate environmental legal framework, respectful of human rights human beings and that maximizes the protection of the environment.

The right to the environment and the research right are human rights that must be protected. The right of individuals to a healthy environment is part of the human rights that are increasingly threatened by human activities. This right is a prominent example of solidarity rights and a prerequisite for realizing many human rights. Exercising this right requires a level of development that provides the basis for further environmental degradation. The activities of academic researchers in the direction of progress and development can pave the way for environmental damage. This article discusses when a researcher causes harm in conducting academic research. The need to compensate and support the researcher in conducting their research contrasts these two rights; Therefore, it is necessary to look for ways of compensation that make possible the simultaneous protection of these two rights. Because according to Article 21 of the Stockholm Declaration and Article 2 of the Rio Declaration, governments are responsible for ensuring that their activities do not lead to environmental damage. The key role of governments in resolving this conflict and helping to promote academic research, reducing harm, and trying to prevent this kind of harm is obvious. In this article, we intend to resolve this conflict by examining the principles of human rights, the right to research, and the right to the environment and to examine Iran’s legal approach in this regard.

Today, non-governmental actors play an important role in the national and international arena. The geographical diversity of their field of activity and their different functions have made it impossible for government actors to be indifferent to the role of these new actors. NGOs act as “rival” or “partner” governments. In human rights, these organizations are more of a rival to governments; While on health, development, and the environment, they are considered more as partners of governments. In the Iranian legal system, the active role of these organizations in terms of environmental protection is undeniable; But there are still many gaps in the reaction phase; Appropriate conditions must be provided for the active participation of these actors in environmental litigation; In such a way that they can achieve their desired position in criminal proceedings as quasi-prosecutors.