A/HRC/43/53/Add.2
environmental harms and climate change, including women, children, indigenous peoples,
persons with disabilities and people living in poverty, as well as persons for whom some of
these factors intersect.
7.
Since 2014, Norway has supported resolutions on human rights and the environment
of the Human Rights Council. 1 In 2019, Norway led the process of adopting a strong
Council resolution on environmental human rights defenders. 2 Norway also supported a
resolution on promoting gender equality and the human rights and empowerment of women
and girls in environmental governance adopted by the United Nations Environment
Assembly in March 2019. In a recent white paper, the Norwegian Ministry of Foreign
Affairs observed that human rights are “a central element in climate and environmental
policy”.3
8.
However, Norway has not ratified several optional protocols establishing
mechanisms through which citizens can bring complaints about their rights, including the
Optional Protocol to the Convention on the Rights of the Child on a communications
procedure and the Optional Protocol to the International Covenant on Economic, Social,
and Cultural Rights.4 The Special Rapporteur encourages Norway to ratify these important
instruments.
9.
Norway has also ratified all of the major international environmental treaties,
including the United Nations Framework Convention on Climate Change and the Kyoto
Protocol thereto, the Convention on Biological Diversity, the Montreal Protocol on
Substances that Deplete the Ozone Layer, the Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade,
the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes
and Their Disposal (Basel Convention) and the Ban Amendment to the Basel Convention
(which recently entered into force), the Stockholm Convention on Persistent Organic
Pollutants, the United Nations Convention on the Law of the Sea, the Convention on Longrange Transboundary Air Pollution, the Minimata Convention on Mercury, the Convention
on International Trade in Endangered Species of Wild Fauna and Flora, and many more.
Norway ratified the Paris Agreement and was among the States that led the successful
effort to strengthen the Basel Convention to address exports of mixed plastic waste.
10.
Finally, it is important to note that since 1994 Norway has been part of the internal
market of the European Union through the Agreement on the European Economic Area. As
a consequence of that Agreement, roughly 80 per cent of Norwegian legislation in the field
of climate and environment is based on European Union legislation.
B.
National laws, policies and institutions
11.
At the national level, the Constitution has recognized the right to a healthy
environment since 1992 (art. 110b). The wording of the article dedicated to this right,
included in the chapter of the constitution on human rights, was strengthened in 2014.
Article 112 states:
Every person has the right to an environment that is conducive to health and to a
natural environment whose productivity and diversity are maintained. Natural
resources shall be managed on the basis of comprehensive long-term considerations
which will safeguard this right for future generations as well.
In order to safeguard their right in accordance with the foregoing paragraph, citizens
are entitled to information on the state of the natural environment and on the effects
of any encroachment on nature that is planned or carried out.
1
2
3
4
4
Resolutions 25/21, 28/11, 31/8, 34/20 and 37/8.
Resolution 40/11.
Opportunities for All: Human Rights in Norway’s Foreign Policy and Development Cooperation,
Report to the Storting (2015), p. 51.
Other States known for their leadership in the field of international human rights, including other
Scandinavian States such as Finland, have ratified these instruments. Information on the ratification
status of these optional protocols is available from https://treaties.un.org/Pages/Treaties.aspx?
id=4&subid=A&clang=_en.
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