A/HRC/43/53/Add.2 The authorities of the State shall take measures for the implementation of these principles. 12. There continues to be a debate in Norway about the interpretation of this important provision. In information submitted to the Special Rapporteur, the Government set out its position that article 112 had not been formulated to provide individual rights in the traditional sense. Instead, the Government considers that the first and second paragraphs express principles regarding societal aims with regard to the environment, the conservation of nature and the management of natural resources. However, in a lawsuit challenging the Government’s decision to allow the expansion of the offshore petroleum industry in the Barents Sea in 2016, the Oslo District Court looked at the ordinary meaning of the words in article 112, examined the preparatory works involved in the drafting of that provision, and concluded that article 112 was clearly a rights provision. 5 13. The right to a safe, clean, healthy and sustainable environment enjoys constitutional protection in more than 100 States Members of the United Nations in all regions of the world. This right is also incorporated in legally binding regional treaties, including the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (to which Norway is a party), the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights, the African Charter on Human and Peoples’ Rights and the Arab Charter on Human Rights.6 14. The right to a healthy environment is a fundamentally important human right, in that individuals’ lives, health and dignity depend upon clean air, clean water and adequate sanitation; healthy and sustainably produced food; non-toxic environments in which to live, work, study and play; healthy ecosystems and biodiversity; and a safe climate. At the present point in human history – faced with a global environmental crisis of unprecedented severity – recognizing, respecting, protecting and fulfilling the right to a healthy environment has never been more important. 15. In addition to a comprehensive suite of national laws that protect various elements of the right to a healthy environment, Norway has sector-specific laws that regulate activities with potentially negative environmental consequences. Among the most important of these laws are the Pollution Control Act, the Nature Diversity Act, the Planning and Building Act, the Petroleum Act, the Climate Change Act, the Cultural Heritage Act and the Marine Resources Act. In recent years, many Norwegian environmental laws have been amended to improve their effectiveness and to strengthen penalties for violations. The Supreme Court of Norway has issued a series of important decisions related to sentences for environmental violations, relying on both the increased maximum penalties and article 112 of the Constitution to justify higher fines and significant terms of imprisonment.7 16. Vital laws in the implementation of many of the international human rights obligations of Norway include the Human Rights Act and the Equality and AntiDiscrimination Act. The Norwegian National Human Rights Institution monitors how human rights in Norway comply with the Constitution, the Human Rights Act, other legislation and international treaties. It does not have the authority to hear individual complaints but can educate people about their rights and options regarding both national and international complaint mechanisms. Norway has an Ombudsman for Children and a Parliamentary Ombudsman who protect citizen’s rights in their dealings with all levels of the government. 5 6 7 Greenpeace Nordic Association and Nature and Youth v. Norway, case No. 16-166674TVI-OTIR/06, review of administrative decision, 4 January 2018. These treaties have been ratified by 124 Member States. In addition, a regional agreement on access to information, public participation in decision-making and access to justice in environmental matters in Latin America and the Caribbean was completed in 2018, but needs six additional ratifications to come into force. Decisions Rt-2011-10 (Encroachment on the shoreline), Rt-2012-65 (Pollution), Rt-2016-1857 (Illegal hunting), and HR-2017-1978-A (Illegal lobster harvesting). 5