A/HRC/22/43
Remedy” Framework and the Guiding Principles on Business and Human Rights will be
particularly helpful.36
F.
The relationship between existing human rights and a right to a healthy
environment
51.
Some cross-cutting issues that arise in almost all of the above contexts concern the
relationship between the two approaches to environmental rights described in the second
chapter of this report – that is, the relationship between efforts to recognize a single,
overarching right to a healthy environment and efforts to “green” existing human rights by
identifying their environmental implications. That the two approaches are not inconsistent
with one another seems apparent from their simultaneous use in many national and regional
legal systems. But many aspects of their relationship remain unclear.
52.
Possible relationships include: that the two approaches are separate from one
another; that the definition and content of the right to a healthy environment are informed
by experience with greening existing human rights; and that the right to a healthy
environment may be derived from one or more existing rights, as it is in the Arab Charter
and the Human Rights Declaration of the Association of Southeast Asian Nations. Here,
too, further study may produce greater clarity.
G.
Other issues
53.
The issues briefly described above are not the only ones raised by this mandate.
Other issues that deserve closer examination include those concerning: the potential rights
of future generations; the application of human rights obligations to especially pressing
environmental challenges, including climate change, armed conflict and the
environmentally displaced; and, last, but not least, the relevance of human rights to
protection of non-human aspects of the environment. One of the longest-standing criticisms
of a human rights-based approach to environmental protection is that it is likely to ignore
important aspects of the environment that are not readily reducible to human needs and
interests. As the mandate proceeds, it will be necessary to bear in mind not only the
potential, but also the possible limits, of looking to human rights for environmental
standards.
IV. Planning the programme of activities
54.
The first priority of the mandate is to provide greater conceptual clarity to the
application of human rights obligations related to the environment. The Independent Expert
intends to take an evidence-based approach to determining the nature, scope and content of
the obligations. He plans to spend much of his time in the next year compiling such
evidence, with a view to mapping the obligations in as much detail as possible. He will seek
to highlight areas of coherence in the development of the obligations. Where coherence
may not exist, he will be alert to the possibility of describing gaps and suggesting ways that
the law may be developing to fill them.
36
See report of the Special Representative of the Secretary-General on the issue of human rights and
transnational corporations and other business enterprises, Guiding Principles on Business and Human
Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, A/HRC/17/31.
17
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