A/HRC/19/34
Scottish Human Rights Commission (United Kingdom of Great Britain and Northern
Ireland); Human Rights Ombudsman Office (Slovenia); Stand Up for Your Rights
(Netherlands); Solidarité pour les Initiatives des Peuples Autochtones (SIPA) (Rwanda) and
University of Ljubljana, Faculty of Social Sciences (Slovenia).
5.
In line with the requirements of resolution 16/11, the present report discusses the
theoretical issues that arise in the relationship between human rights and the environment;
major environmental threats and their impact on human rights; how environmental
protection contributes to the realization of human rights; the extent to which national
constitutions have incorporated environmental rights and responsibilities; the work of the
Charter of the United Nations and human rights treaty bodies regarding the relationship
between human rights and the environment; the evolving jurisprudence of regional human
rights bodies; and the debate over the extraterritorial dimension of human rights and
environment. Lastly, the analytical study also offers conclusions and recommendations.
II. Theoretical discussions on the relationship between human
rights and the environment
6.
Since the United Nations Conference on the Human Environment in 1972, the
relationship between human rights and the environment has led to a vigorous intellectual
discussion regarding a number of critical issues. The theoretical discussion engages two
central issues. First, what is the nature of the relationship between human rights and the
environment? Second, should the international community recognize a new human right to
a healthy environment?
7.
In connection with the first issue, namely the nature of the relationship between
human rights and the environment, there are three major approaches to explaining this.
These approaches are capable of coexisting and do not necessarily exclude one another. The
first approach postulates that the environment is a precondition to the enjoyment of human
rights. This approach underscores the fact that life and human dignity are only possible
where people have access to an environment with certain basic qualities. Environmental
degradation, including pollution of air, water and land can affect the realization of
particular rights, such as the rights to life, food and health.
8.
The second approach submits that human rights are tools to address environmental
issues, both procedurally and substantively. This approach emphasizes the possibility of
using human rights to achieve adequate levels of environmental protection. From a
procedural perspective, rights such as access to information, participation in public affairs
and access to justice are central to securing governance structures that enable society to
adopt fair decision-making processes with respect to environmental issues. From a
substantive perspective, this approach underscores the environmental dimensions of certain
protected rights.
9.
The third approach proposes the integration of human rights and the environment
under the concept of sustainable development. Accordingly, this approach underlines that
societal objectives must be treated in an integrated manner and that the integration of
economic, environmental and social justice issues is done with a view to the concept of
sustainable development.
10.
These three approaches have influenced global vision, policymaking, development
of jurisprudence relating to human rights and the environment and the debate over the
recognition of a new human right to a healthy environment.
11.
The second central issue of theoretical and practical importance concerns the call
from some quarters for the recognition of a human right to a healthy environment. The
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