A/HRC/22/43
to say, the primary effect of these human rights violations is felt by the individuals and
communities who suffer from them. But the violations also have secondary effects on the
environment that the individuals were trying to protect and on all of those whose full
enjoyment of human rights depends upon that environment.
29.
The procedural rights that support environmental protection may be found in sources
other than human rights instruments. One of the most often-cited sources is principle 10 of
the 1992 Rio Declaration, which states:
Environmental issues are best handled with participation of all concerned citizens,
at the relevant level. At the national level, each individual shall have appropriate
access to information concerning the environment that is held by public
authorities, including information on hazardous materials and activities in their
communities, and the opportunity to participate in decision-making processes.
States shall facilitate and encourage public awareness and participation by making
information widely available. Effective access to judicial and administrative
proceedings, including redress and remedy, shall be provided.
30.
Principle 10 has been influential in the development of international and domestic
environmental law and policy. The clearest example may be the Aarhus Convention, which
sets out detailed obligations with respect to access to information, public participation and
access to justice in environmental matters.
31.
Although principle 10 does not characterize access to information, opportunity to
participate in decision-making and access to legal remedies as human rights, there are
obvious parallels between those norms and those of human rights law. More explicitly, the
Aarhus Convention does describe access to information, participation and remedies as
rights, and provides that each Party shall guarantee them, in accordance with the terms of
the Convention, “in order to contribute to the protection of the right of every person of
present and future generations to live in an environment adequate to his or her health and
well-being” (art. 1).
32.
Similarly, although the Rio Declaration does not refer to principles of nondiscrimination in the exercise of procedural rights, it does emphasize the role of certain
vulnerable groups, including women, youth, indigenous people and people under
oppression, in environmental policymaking (principles 20–23). The Aarhus Convention
includes a clear requirement of non-discrimination, stating that within the scope of the
Convention, “the public shall have access to information, have the possibility to participate
in decision-making and have access to justice in environmental matters without
discrimination as to citizenship, nationality or domicile” (art. 3, para. 9). Again, there are
strong similarities to requirements of non-discrimination in human rights law. The final
outcome of the 2012 United Nations Conference on Sustainable Development
(A/CONF.216/16, para. 1, resolution I “The future we want”) connects non-discrimination
more explicitly to human rights norms in its treatment of gender equality, citing the
Convention on the Elimination of All Forms of Discrimination against Women and stating
the resolve of the State participants to “unlock the potential of women as drivers of
sustainable development”, including by repealing discriminatory laws and ensuring equal
access to justice and legal support (ibid., paras. 236 and 238).
33.
The procedural rights of indigenous peoples have received detailed recognition in
international instruments. International Labour Organization (ILO) Convention No. 169
(1989) concerning the protection and integration of indigenous and other tribal and semitribal populations in independent countries includes a general requirement that governments
consult with the peoples concerned whenever giving consideration to measures that may
affect them directly (art. 6). More specifically, it provides for the assessment of
environmental impacts of proposed development activities and makes clear that the rights
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