A/HRC/22/43
relationship of already recognized rights with the environment is to identify rights whose
implementation is vital to environmental policymaking. In general, these are rights whose
free exercise makes policies more transparent, better informed and more responsive.24 They
include rights to freedom of expression and association, rights to receive information and
participate in decision-making processes, and rights to legal remedies. When directed at
environmental issues, the exercise of such rights results in policies that better reflect the
concerns of those most concerned and, as a result, that better safeguard their rights to life
and health, among others, from infringement through environmental harm. 25
26.
Procedural rights are protected by many human rights instruments. For example,
rights of freedom of expression, freedom of peaceful assembly and association,
participation in government and effective remedies for violations of rights are recognized in
the Universal Declaration (arts. 7, 8, 19, 20 and 21) and elaborated on in the International
Covenant on Civil and Political Rights (arts. 2, 19, 21, 22 and 25), both of which also make
clear that the rights are not subject to discrimination.26 Even though these instruments do
not explicitly address environmental issues, they undoubtedly encompass the exercise of
the rights for environmental ends.
27.
Another important instrument in this regard is the Declaration on the Right and
Responsibility of Individuals, Groups and Organs of Society to Promote and Protect
Universally Recognized Human Rights and Fundamental Freedoms, which sets out, inter
alia: rights to meet peacefully to promote and protect human rights; to seek and obtain
information about human rights, to disseminate information about human rights and to draw
attention to whether they are observed in practice; to have effective access to participation
in government; and to benefit from remedies for human rights violations, including by
having complaints of such violations promptly reviewed by independent and competent
legal authorities and receiving redress. Again, these rights apply no less to human rights
defenders seeking to exercise them for the protection of the environment than they do for
other purposes protective of the full enjoyment of human rights.
28.
In practice, environmental human rights defenders have proved to be especially at
risk when trying to exercise these rights. The Special Rapporteur on the situation of human
rights defenders has reported (A/HRC/19/55) that she receives many communications
concerning environmental activists, “including those working on issues related to extractive
industries, and construction and development projects; those working for the rights of
indigenous and minority communities; women human rights defenders; and journalists”
(ibid., para. 64). Environmental rights defenders face a high risk of killings, attacks, assault,
threats and intimidation from both State and non-State actors (ibid., paras. 64–92). Needless
24
25
26
10
To be clear, these are not the only types of rights whose fulfilment may benefit environment
policymaking. As noted below, environmental rights may also give rise to substantive standards to
inform and guide environmental policies. And the implementation of some rights, such as the right to
sanitation, may have direct environmental benefits. See report of the independent expert on the issue
of human rights obligations related to access to safe drinking water and sanitation, A/HRC/12/24,
para. 35.
See Council resolution 16/11, preamble (“human rights obligations and commitments have the
potential to inform and strengthen international, regional and national policymaking in the area of
environmental protection and promoting policy coherence, legitimacy and sustainable outcomes”);
A/HRC/19/34, para. 8 (“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 decisionmaking processes with respect to environmental issues”).
See also Human Rights Committee, general comment No. 34 (2011) on article 19 (freedom of opinion
and expression) of the International Covenant on Civil and Political Rights (stating in paragraph 18
that article 19, paragraph 2, of the Covenant “embraces a right of access to information held by public
bodies”).
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