A/HRC/19/34
contain jurisdictional limitations formulated differently. On the other hand, a number of
international human rights instruments do not incorporate jurisdictional limitations on their
spatial scope of application. The International Covenant on Economic, Social and Cultural
Rights, the African Charter on Human and Peoples’ Rights, and the American Declaration
of the Rights and Duties of Man contain no provisions specifying jurisdictional limitations
on State’s obligations. Moreover, elements of extraterritorial obligations in the field of
economic, social and cultural rights – and children’s rights and the rights of persons with
disabilities – can also grounded in obligations to perform international cooperation and
assistance that are explicitly recognized in the respective international human rights
instruments.
70.
Another important question that arises in relation to the extraterritorial dimension of
human rights and environment is the extent to which international environmental law
principles can inform the application of human rights instruments. The duty to prevent
transboundary environmental harm, for example, is widely recognized as an element of
customary law. In its case law, the European Court of Human Rights has resorted to this
principle where environmental damage has crossed boundaries.
71.
An indication of the increasing attention paid to extraterritorial obligations is the
adoption in September 2011 by a consortium comprising academic institutions, nongovernmental organizations and human rights experts – including some special procedure
mandate holders – of the Maastricht principles on extraterritorial obligations of States in the
area of economic, social and cultural rights at a conference that took place in Maastricht,
Netherlands. The principles detail the status of the extraterritorial dimension of human
rights law in the area of economic, social and cultural rights, while at the same time
contributing to the progressive development of that dimension.
72.
Lastly, the recognition of the extraterritorial obligations of States allows victims of
transboundary environmental degradation, including damage to the global commons such
as the atmosphere and dangerous climate change, to have access to remedies. Those who
are adversely affected by environmental degradation must be able to exercise their rights,
irrespective of whether the cause of environmental harm originates in their own State or
beyond its boundaries and whether the cause of environmental harm lies in the activities of
States or transnational corporations.
73.
In summary, there have been important efforts to clarify States’ human rights
extraterritorial obligations, including with respect to environmental degradation. The
evolution of human rights law in this area has been influenced by principles and tools
employed in the environmental protection regime. However, further guidance is needed to
inform options for further development of the law in this area.
X. Conclusions and recommendations
74.
Since the United Nations Conference on the Human Environment held in
Stockholm in 1972, the relationship between human rights and the environment has
received increased attention from States, international institutions and civil society.
75.
The Human Rights Council has observed that sustainable development and the
protection of the environment can contribute to human well-being and the enjoyment
of human rights. Several human rights instruments concluded since the Stockholm
Conference have included explicit references to the environment or recognized a right
to a healthy environment. Similarly, numerous environmental instruments explicitly
articulate their objectives in terms of protection of human health, the environment,
and the common heritage of humankind. In addition, a significant number of States
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