A global human right to a clean, healthy and sustainable environment is now part of the international legal framework alongside all other fundamental social, economic, cultural, civic and political rights that form the backbone of the United Nations system, in addition to being part of national laws in more than 150 countries. The air we breath, the food we eat, the water we drink, indeed, our health, wellbeing and survival all depend on a clean, healthy and sustainable environment. UN Member States back then, declared that people have a fundamental right to "an environment of a quality that permits a life of dignity and well-being," calling for concrete action. All around the world, OHCHR and its partners are working to advance the human right to a healthy environment, enhance the protection of environmental human rights defenders, support rights-based environmental action by UN Country Teams, raise awareness of the negative human rights impacts of environmental degradation and elevate the voices of those most affected. Even more importantly, despite their recent vintage, environmental rights enjoy constitutional protection in over 100 countries. Human rights are our inherent rights simply because we exist as human beings. Internal judges ought to be the first guarantors of the respect of the right to a healthy environment by taking into account the extra-territorial impact of a State's activities, including outside its borders. In other words, it is yet to be recognized in a global and legally binding convention akin to the 1966 human rights international covenants. Following the resolution just adopted by the United Nations General Assembly declaring access to a clean, healthy and sustainable environment as a universal human right, Congress spokesperson on human rights Harald Bergmann (Netherlands, ILDG), welcomed this historic decision. The Human Rights Councils Resolution 48/13 of October 8, 2021. In Latin America, the Protocol of San Salvador to the American Convention on Human Rights (1998) recognizes the right of everyone to live in a healthy environment, and the Escaz Agreement (2018) further seeks to contribute to the protection of the right of every person of present and future generations to live in a healthy environment. Although the concept of human rights emerged after World War II, the right to a clean environment as a human right has had only a minimal priority. The UN Human Rights Office and the mechanisms we support work on a wide range of human rights topics. Here are some of the ways that a compromised planet is now compromising the human right to health. Water-born infectious diseases are increasing worldwide, especially across sub-Saharan Africa, due to the changing climate, he told Council members last August. [12] French Environmental Code, art. The Aarhus Convention (1998), which is equivalent to the Escaz Agreement, affirms in its first article the right of every person of present and future generations to live in an environment adequate to his or her health and well-being. Pursuant to Human Rights Council resolution 37/8, the former Special Rapporteur, Mr. Knox submitted the report on the right to a safe, clean, healthy and sustainable environment to the General Assembly before the end of his term. For Dr. Maria Neira, the World Health Organizations (WHO) environment chief, the resolution is already having important repercussions and a mobilizing impact. pic.twitter.com/8rUXJpz9z0. the indonesia environmental management act (ema) also recognizes the right to a healthy environment. Boyd D., in Aguila, Y. and Viuales, J.E., 2019. To sum up, this UN HRC Resolution recognizes 'the right to a healthy environment' as a full-fledged human right. It demonstrates that the member states can unite in the collective fight against the triple planetary crisis of climate change, biodiversity loss and pollution. The latest reports of the Intergovernmental Panel on Climate Change make it clear that these pathways lead to catastrophe. The role of the European Court of Human Rights in revealing and protecting the right to a healthy environment We should not forget about the importance of international bodies which, in the absence of effective international regulations, can reveal the contents and implications of the fundamental right to a clean environment. We need governments and we need everyone to move with a sense of urgency. However, recognition of rights at all levels of law and policy creates better conditions for action and accountability. The discourse of human rights builds upon the values of dignity which are inseparable . UNEP Terms of Use PrivacyReport Project Concern Report Scam Contact Us. The activist, along with over 100.000 children and allies had signed a petition for the right to a healthy environment to be recognised, and they were finally heard. Article 21 has always been interpreted in a broad manner. In this report (A/73/188), the Special Rapporteur points out that the greening of well-established human rights, including the rights to life, health, food, water, housing, culture, development, property and home, and private life, has contributed to improvements in the health and well-being of people worldwide. Young girls carry water from a source in Ituri in the Democratic Republic of the Congo. They have done nothing to cause this global crisis and theyre the ones who are suffering, and that's why it's such a human rights issue. Office of the High Commissioner for Human Rights, 25th session of the Conference of the PartiesGeneration Equality: Promoting womens leadership for environmental sustainabilityStatement by Michelle Bachelet, UN High Commissioner for Human Rights, 21st EU-NGO Human Rights ForumBuilding a fair environmental future, Trillions needed to close finance gap on Sustainable Development Goals, says UN expert, National institutions and regional mechanisms. In September 2020, a Core Group of States on Human Rights and the Environment (Costa Rica, Morocco, Slovenia, Switzerland and the Maldives) started informal discussions on the possible international recognition of the right to a safe, clean, healthy and sustainable environment. For Mr. Boyd, the approval of the historical resolution in the Human Rights Council was a paradoxical moment. By Yann Aguila -On October 8, 2021, the United Nations Human Rights Council adopted a resolution recognizing the human right to a clean, healthy and sustainable environment as an important human right. The right to a healthy environment uses a human rights approach to protect environmental quality; this approach addresses the impact of environmental harm upon individual humans, as opposed to the more traditional approach of environmental regulation which focuses on impacts to other states or the environment itself. The basic needs that nature provides for human life are air, water, food, raw materials and minerals, ozone layer and many more which together . Human Rights Council resolution 48/13 unequivocally recognizes the human right to a clean, healthy and sustainable environment for all people. Air pollution, primarily the result of burning fossil fuels, which also drives climate change, causes 13 deaths per minute worldwide. In addition to recognition by the Human Rights Council, more than 150 countries recognize and protect the right to a healthy environment through their constitutions, national laws, judiciaries or ratification of international instruments. It also invites governments to further consider the matter at the UN General Assembly. The human right to a healthy environment brings together the environmental dimensions of civil, cultural, economic, political, and social rights, and protects the core elements of the natural environment that enable a life of dignity. Yet, States that recognize this right constitutionally or through regional treaties do not always implement it legislatively. promoting children's right to a healthy environment in the Region. So right off the bat if we can use this resolution as a catalyst for actions to clean up air quality, then we're going to be improving the lives of billions of people, he emphasizes. [1] Boyd, D., Chapter 2: The Right to a Healthy and Sustainable Environment in Aguila, Y. and Viuales, J.E., 2019. By definition, the right to a healthy environment, regardless of its precise formulation, protects the elements of the natural environment that enable a dignified life. 1 The July 2022 resolution responds to the urgent dangers posed by climate change, environmental degradation, and bio-diversity loss. Apart from the aforementioned Stockholm Declaration, the Rio Declaration (1992) affirmed with less ambit that [h]uman beings are at the center of concerns for sustainable development. In preparation of the report, Mr. Knox consulted with Dr. Boyd. Controlling the implementation of this right is not an easy ordeal either. This development has been welcomed by human rights experts. The Human Rights Council's recognition of the right to a healthy environment generated important momentum for this approach and further recognition can magnify this impact. They are entitled to a healthy and productive life in harmony with nature. The Right to a Clean, Healthy and Sustainable Environment: State of Affairs. Are you sure you want to print? [8] Urgenda Foundation v. State of the Netherlands, Supreme Court of the Netherlands (December 20, 2020), [9] BVerfG, Order of the First Senate of 24 March 2021 - 1 BvR 2656/18, [10] Supreme Court of Columbia, Future Generations v. Ministry of the Environment (April 5, 2018). Besides those, children also enjoy the right to play and recreation. Scholarly debates about the potential benefits of explicit international recognition of the right . The recognition of the right to a healthy environment at a global level will act as a catalyst for the strengthening of constitutions and laws around the world and serve as a beacon for countries to work towards. In effect, the report is a joint report of the former holder of the mandate, Mr. Knox and his successor, Mr. Boyd, following a series of consultations with respective stakeholders. Drawing from 50 years of dedicated diplomacy, the United Nations General Assembly has recognised the right to a clean, healthy, and sustainable environment under international law. Biodiversity loss threatens the collapse of entire ecosystems. Moreover, this substantive component has allowed national and regional courts to impose duties on States to effectively implement the right to a healthy environment. Notwithstanding, the evidence extracted from decades of implementation is encouraging. On 8 October 2021, the UN Human Rights Council declared that having a clean, healthy and sustainable environment is a human right, with 43 votes in favor and 4 abstentions. National institutions and regional mechanisms, Framework Principles on Human Rights and the Environment, report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment. The recognition of the right to a healthy environment usually leads governments to bolster their environmental laws and policies and to provide for greater public participation. Thus, Courts have recognized that States can have an obligation to prevent violations of the right to a healthy environment. Muwana made clear that his story was not unique, as millions of children worldwide are significantly impacted by the devastating consequences of the environmental crisis. A report by the UN Special Rapporteur on Human Rights and the Environment-with support from UNEP, as part of our work to advance environmental rights. Every woman has the right to dignified, respectful health care throughout pregnancy and childbirth, as well as the right to be free from violence and discrimination. To demonstrate to Member States the widespread support for the adoption of the resolution, it featured interactive roundtable . A surge in emerging zoonotic diseases, the climate emergency, pervasive toxic pollution and a dramatic loss of biodiversity have brought the future of the planet to the top of the international agenda, a group of UN experts said in a statement released in June this year, on World Environment Day. The universal recognition of the right to a healthy environment is one critical part of that effort. An estimated one in six premature deaths are caused by pollution. The State is indeed a very frequent debtor of the right to a healthy environment. Thank you for the opportunity to join this important discussion today. The right to a healthy environment is a keystone tenet of modern environmental law it is the underlying premise that recognizes the conn. October 28, 2015 Blog Right to water, healthy environment must be immediate priorities for new government Opt not to print. The next step will be how we translate that on the right to clean air and whether we can push, for instance, for the recognition of WHOS Global Air Quality Guidelines and the levels of exposure to certain pollutants at a country level. Although not legally binding, its near-unanimous adoption shows consensus on the formulation, content, and importance of this human right. The lead-up event on the right to a healthy environment was hosted to engage youth for creating policy demands that were presented at Stockholm+50 - a crucial international environmental meeting . At the national level, a recognition of the right to a healthy environment should entail the enactment of implementation laws. [14]A wide array of studies have indeed concluded that the inclusion of constitutional environmental rights is positively related to a better environmental performance.[15]. All the investments need to be on ensuring access to safe water and sanitation, on making sure that electrification is done with renewable energy and that our food systems are sustainable.. Unfortunately, continuing harmful practices, insufficient action, and inaction by Governments and other duty-bearers with respect to protection of the environment threaten the progress needed to protect the environment for all people. So those very powerful opponents have kept this room from going forward for decades. Each person has the right to a healthful environment. A/HRC/48/L.23/Rev.1. The idea was endorsed by UN's Secretary-General Antnio Guterres and High Commissioner for Human Rights Michelle Bachelet, as well as more than 1,100 civil society organisations from around the world. It is certain that the idea that humans have a right to a healthy environment is strongly influenced by thewesternconception of human rights that places humans at the center of the world. The UN General Assembly adopted the Universal Declaration of Human Rights in 1948. It took literally millions of people, and years and years of work to achieve this resolution, said David Boyd, UN Special Rapporteur on Human Rights and Environment, who was in the room when President Nazhat Shameem from Fiji, brought down her gavel, announcing the voting results. However, in spite of the wide recognition of its crucial importance, the right to a healthy environment has not yet been recognized as such. Alongside these national instruments, States developed an important regional legal corpus affirming the right to a healthy environment. Here are six key things you need to know, compiled by us here at UN News. A recognition by the UNGA of this right would therefore confirm the effective recognition of the right to a healthy environment as a human right. 2012. Mr. Boyd explains that the resolution should be a catalyst for more ambitious action on every single environmental issue that we face. October 26, 2021 "An Healthy Environment, brings out a Healthy Society - Ganesh Panigrahi" "Healthy Citizens are the greatest asset any country can have - William S. Churchill" The expression "healthy environment" is a colossal one, enveloping various implications. Right to a healthy environment: good practices 29 May 2020 This publication describes good practices of States in recognizing the right to live in a safe, clean, healthy and sustainable environment, as well as in implementing the procedural and substantive elements of this right. Notably, the UN High Commissioner for Human Rights Michelle Bachelet expressed satisfaction, mentioning that: However, more work needs to be done to further clarify and, more importantly, implement and fulfil the human rights obligations relating to a safe, clean, healthy and sustainable environment. However, in spite of the wide recognition of its crucial importance, the right to a healthy environment has not yet been recognized as such. The U.S. position on the right is still evolving. That's why it's such an issue of justice. In total, 155 States have already established legal recognition of the right to a healthy and sustainable environment.[1] At the national level, Portugal was the first country to enshrine this right in its constitution, in 1976. So far, no official international mechanism monitors its application. Learn about how you can report a human rights violation. [12] In the same vein, the South African Constitution states that [e]veryone has a right: (a) To an environment that is not harmful to their health or well-being.[13]. In the last few years, the work of the Maldives and its allied States, as well as the UN Special Rapporteur on Human Rights and Environment and different NGOs, have been moving the international community towards the declaration of a new universal right. The Intergovernmental Panel on Climate Change has recognized that for people in vulnerable situations, a rights-based and inclusive approach to environmental action can make a real difference in their lives while also supporting better environmental outcomes. Dr. Neira calls for the end of this absurd fight against the ecosystems and environment. This decision is a major step forward. Students of the primary section of the Lyce franais de New York (French School) protest climate change in the citys Upper East Side neighbourhood (file photo). And so that's why this resolution is critically important because it says to every government in the world you have to put human rights at the centre of climate action, of conservation, of addressing pollution and of preventing future pandemics. Illinois. [13] Constitution of South Africa (1996), sec. This conception ought to be balanced with an eco-centric perspective, which puts nature at the core. What are the implications of such a recognition? Without effective integration in national laws and procedures, the right to a healthy environment is barred from realizing its full potential.
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