Wikipedia

Right to a healthy environment

Theright to a healthy environmentorthe right to a sustainable and healthy environmentis ahuman rightadvocated by human rights organizations and environmental organizations to protect the ecological systems that provide human health.[1][2][3]The right was acknowledged by theUnited Nations Human Rights Councilduring its 48th session in October 2021 inHRC/RES/48/13[4]and subsequently by theUnited Nations General Assemblyon July 28, 2022 in A/RES/76/300.[5][6]The right is often the basis forhuman rights defenseby environmental defenders, such asland defenders,water protectorsandindigenous rights activists.

The right is interconnected with other health-focused human rights, such as theright to water and sanitation,right to foodandright to health.[7]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.[8]Yet another approach to environmental protection isrights of naturewhich tries to extend the rights enjoyed by humans and corporations to nature as well.[9]

Slash and burn deforestation along the Rio Xingu, Brazil endangers bothindigenous rightsto the land as well as the larger right to a healthy environment. Case law like the Colombian Climate case protecting the Amazon forest from deforestation have historically relied on the rights of nature and children,[10]the right to a healthy environment would provide additional protection.

Role of the state

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The right creates an obligation of the state to regulate and enforceenvironmental laws,controlpollution,and otherwise provide justice and protections for communities harmed by environmental problems.[8]The right to a healthy environment has been an important right for creating environmental legal precedents forclimate change litigationand other environmental issues.[11][12]

Attempts to amend constitutions

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This section is an excerpt fromEnvironmental rights amendment.[edit]

Anenvironmental rights amendment,also called a green amendment, is type ofamendmentusually proposed to aconstitutionor abill of rights.These amendments guarantee citizens the right to a healthy environment. Related rights included in these proposals often include a right to a stable climate, clean air and water,environmental justice,preservation of natural, scenic, esthetic and historic values of the environment.[13][14]

The right to a healthy environment can be implemented into constitutional law other ways, such as written into constitutions in their drafting, such as inTunisia,or enforced throughclimate change litigation,such as in Colombia. In the United States, most advocates are focused on amending existing state constitutions or enforcing existing state constitutions, such as inHeld v. Montana,where youth won a trial court judgment for enforcement the existing state constitution.[15]

International approaches

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Global warming—the progression from cooler historical temperatures (blue) to recent warmer temperatures (red)—is being experienced disproportionately by younger generations.[16]With continued fossil fuel emissions, that trend that will continue.[16]Various lawsuits are based on the constitutional rights of younger and future generations.

Historically, major United Nations' human rights instruments, like theUniversal Declaration on Human Rights,theInternational Covenant on Civil and Political RightsorInternational Covenant on Economic, Social and Cultural Rightsdo not recognize the right to a healthy environment.[3]The1972 Stockholm Declarationrecognizes the right, but is not a legally binding document. The1992 Rio Declarationdoes not use the language of human rights, although it does state that individuals shall have access to information regarding environmental matters, participation in decision-making, and access to justice.[17]The currently proposed UN resolution, theGlobal Pact for the Environment,if adopted, would be the first UN human rights instrument to include the right to a healthy environment.[18]

Over 150 states in the UN have independently recognized the right in some form via legislation, litigation, constitutional law, treaty law or other legal authority.[7]TheAfrican Charter on Human and Peoples' Rights,American Convention on Human Rights,Escazu Agreement,Arab Charter on Human Rights,andASEAN Declaration on Human Rightseach include a right to a healthy environment.[3][19][20]Other human rights frameworks, such as theConvention on the Rights of the Childrefer to environmental issues as they relate to the framework's focus, in this casechildren's rights.[19]

UN Special Rapporteurs on Human Rights and the EnvironmentJohn H. Knox(2012–2018) andDavid R. Boyd(2018–) have made recommendations on how to formalize these rights in international law.[3][21]This was endorsed by a number of committees at the UN level, as well as local legal communities such as theNew York City Bar,[22]in 2020.

The right to a healthy environment is at the core of the international approach tohuman rights and climate change.[23][24]The effects of climate change on human rights are presented by OHCHR in a fact sheet with the most frequently asked questions on the subject.[25]

UN Human Rights Council Resolution

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Main article:HRC/RES/48/13

In 2021 during its 48th session, theUnited Nations Human Rights Counciladopted a resolution (put forward by the core group comprising Costa Rica, Morocco, Slovenia, Switzerland and the Maldives, withCosta Ricabeing penholder), recognizing "The human right to a clean, healthy and sustainable environment",marking the first time that the body declared a human right.[4][26][27]The resolution is not legally binding, but it "invites theUnited Nations General Assemblyto consider the matter ".[26]

UN General Assembly Resolution

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In 2022 during its 76th session, theUnited Nations General Assemblyadopted a resolution put forward by a core group including Costa Rica, Morocco, Slovenia, Switzerland, and the Maldives once again recognizing the human right to a clean, healthy, and sustainable environment.[28]Although General Assembly resolutions are not legally binding, this resolution was welcomed byUN High Commissioner for Human RightsMichelle Bachelet,[29]multiple special rapporteurs[6]and members of some civil society organizations.[30][31]

See also

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References

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  1. ^"The Case for a Right to a Healthy Environment".Human Rights Watch.2018-03-01.Retrieved2021-02-10.
  2. ^"The Time is Now for the UN to Formally Recognize the Right to a Healthy and Sustainable Environment".Center for International Environmental Law.2018-10-25.Retrieved2021-02-10.
  3. ^abcdKnox, John H. (2020-10-13)."Constructing the Human Right to a Healthy Environment".Annual Review of Law and Social Science.16(1):79–95.doi:10.1146/annurev-lawsocsci-031720-074856.ISSN1550-3585.S2CID216476059.
  4. ^ab"OHCHR | Bachelet hails landmark recognition that having a healthy environment is a human right".www.ohchr.org.Retrieved2021-10-09.
  5. ^"Historic day for human rights and a healthy planet: UN expert".OHCHR.Retrieved2022-08-05.
  6. ^ab"UN General Assembly declares access to clean and healthy environment a universal human right".UN News.2022-07-28.Retrieved2022-08-05.
  7. ^ab"OHCHR | Good practices on the right to a healthy environment".www.ohchr.org.Retrieved2021-02-10.
  8. ^abBoyle, Alan (2012-08-01)."Human Rights and the Environment: Where Next?".European Journal of International Law.23(3):613–642.doi:10.1093/ejil/chs054.ISSN0938-5428.
  9. ^Halpern, Gator."Rights to Nature vs Rights of Nature".Retrieved2021-02-10.
  10. ^"In historic ruling, Colombian Court protects youth suing the national government for failing to curb deforestation".Dejusticia.2018-04-05.Retrieved2021-11-30.
  11. ^Atapattu, Sumudu(2018), Knox, John H.; Pejan, Ramin (eds.),"The Right to a Healthy Environment and Climate Change: Mismatch or Harmony?",The Human Right to a Healthy Environment,Cambridge: Cambridge University Press, pp.252–268,ISBN978-1-108-42119-5,retrieved2021-02-10
  12. ^Varvastian, Sam (2019-04-10)."The Human Right to a Clean and Healthy Environment in Climate Change Litigation".Rochester, NY.SSRN3369481.{{cite journal}}:Cite journal requires|journal=(help)
  13. ^Jones, Katelyn Joanna (2017-03-04)."Changing the Nature of Our Constitutional Default: The Fight for a Right to a Healthy Environment".USURJ: University of Saskatchewan Undergraduate Research Journal.3(2).doi:10.32396/usurj.v3i2.172.ISSN2292-1141.
  14. ^van Rossum, Maya K. (2017).The Green Amendment: Securing Our Right to a Healthy Environment(1st ed.). Austin, Texas and New York City, New York: Disruption Books.ISBN978-1-63331-021-6.
  15. ^Brown, Matthew; Hanson, Amy Beth (July 10, 2024)."Republicans urge reversal of landmark ruling in Montana climate change lawsuit by young plaintiffs".AP News.Archivedfrom the original on July 11, 2024.
  16. ^ab"Warming Across Generations".Climate Central. 22 March 2023.Archivedfrom the original on 13 June 2024.
  17. ^"UNEP - Principle 10 and the Bali Guideline".26 April 2018.
  18. ^Knox, John (April 2019)."The Global Pact for the Environment: At the crossroads of human rights and the environment".RECIEL.(28) 1 (1):40–47.doi:10.1111/reel.12287.S2CID159049214.
  19. ^abShelton, Dinah (2002).Human Rights, Health & Environmental Protection: Linkages in Law & Practice.Health and Human Rights Working Paper Series No 1. World Health Organization.
  20. ^"Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean"(PDF).CEPAL.4 March 2018.Retrieved20 April2021.
  21. ^"OHCHR | Right to a healthy and sustainable environment".www.ohchr.org.Retrieved2021-02-10.
  22. ^"Human Right to a Healthy Environment: UN Formal Recognition".nycbar.org.Retrieved2021-02-10.
  23. ^Cooper, Nathan (19 October 2021)."How the new human right to a healthy environment could accelerate New Zealand's action on climate change".The Conversation.Retrieved2021-11-30.
  24. ^"Why having a clean and healthy environment is a human right".World Economic Forum.Retrieved2021-11-30.
  25. ^"Frequently Asked Questions on Human Rights and Climate Change"(PDF).ohchr.org.Retrieved2021-05-07.
  26. ^ab"Access to a healthy environment, declared a human right by UN rights council".UN News.2021-10-08.Archivedfrom the original on 2021-10-09.Retrieved2021-10-09.
  27. ^Farge, Emma (2021-10-08)."UN declares access to a clean environment a human right".Reuters.Archived fromthe originalon 2021-10-09.Retrieved2021-10-09.
  28. ^"General Assembly of the United Nations".www.un.org.Retrieved2022-08-05.
  29. ^"Bachelet calls for urgent action to realize human right to healthy environment following recognition by UN General Assembly".OHCHR.Retrieved2022-08-05.
  30. ^"Franciscans International: News".franciscansinternational.org.28 July 2022.Retrieved2022-08-05.
  31. ^"VICTORY: UNGA Recognizes Right to a Healthy Environment For All".Center for International Environmental Law.Retrieved2022-08-05.
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