A/HRC/19/34
have incorporated environmental rights and responsibilities into their national
constitutions.
76.
The Human Rights Council has also observed that environmental damage can
have negative implications, both direct and indirect, for the effective enjoyment of
human rights. In this connection, the human rights treaty bodies have addressed the
environmental dimensions of the rights protected under their respective treaties, for
example, in general comments, decisions concerning individual petitions and
concluding observations. Similarly, regional human rights monitoring bodies and
courts have clarified the environmental dimensions of protected rights, including the
rights to life, health, property, private and family life and access to information.
77.
Furthermore, the Human Rights Council has noted that human rights
obligations and commitments have the potential to inform and strengthen
international, regional and national policymaking in the area of environmental
protection, promoting policy coherence, legitimacy and sustainable outcomes. In this
regard, over the last three decades, human rights mechanisms have contributed to
clarifying the linkages between human rights and the environment. The United
Nations human rights charter-based bodies in particular have contributed to
elucidating certain elements of the linkage between human rights and the environment
through the adoption of resolutions that provide guidance to States and international
organizations. In addition, several special procedures established by the former
Commission on Human Rights, the former Sub-Commission on Prevention of
Discrimination and Protection of Minorities and the Human Rights Council, for
example, concerning environment, toxics, food, water, housing, extreme poverty and
indigenous peoples, have contributed to clarifying and strengthening the human rights
and environment linkage.
78.
While much progress has been made in elucidating the complex and
multifaceted relationship between human rights and environment, the dialogue
between the two fields of law and policy has still left a number of questions open. The
theoretical discussions on the relationship between human rights and environment
raise salient questions concerning, inter alia, the need for and the potential content of
a right to a healthy environment; the role and duties of private actors with respect to
human rights and the environment; and the extraterritorial reach of human rights
and environment. Similarly, such questions arise regarding the operationalization of
international human rights obligations as how to implement a rights-based approach
to the negotiation and implementation of multilateral environmental agreements; and
how to monitor the implementation of human rights treaties that recognize the right
to a healthy environment or interconnected rights. These questions and other pending
challenges lead to the following recommendations.
79.
The Human Rights Council may consider paying special attention to the
relationship between human rights and the environment through the appropriate
mechanisms. These may include, inter alia, the establishment of a special procedure
on human rights and the environment, the organization of a high-level panel or a call
for further or more specific studies on the issues at hand. More focused attention on
human rights and the environment would provide the Human Rights Council with
detailed analysis of the key issues and gaps that arise in the relationship between
human rights and environment. This analysis and information generally is key to
enable the Human Rights Council to provide guidance to the international community
in regard to the pressing human rights challenges facing humanity in the twenty-first
century, including the recognition of a general right to a healthy environment.
80.
The mechanism chosen by the Human Rights Council could also serve to
further strengthen and clarify the relationship between human rights and the
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