A/HRC/22/43
Special Rapporteur on the right to food has emphasized that agricultural productivity
depends on the services rendered by ecosystems (A/HRC/13/33/Add.2, para. 21) and his
most recent report focuses on the impact of the destruction of the world‟s fisheries on the
right to food (A/67/268).
23.
Some global human rights treaties explicitly refer to environmental threats to human
rights, particularly the right to health. The Convention on the Rights of the Child states that
environmental pollution poses “dangers and risks” to nutritious foods and clean drinkingwater, which Parties are required to take appropriate measures to provide in the course of
pursuing full implementation of the right of the child to the highest attainable standard of
health (art. 24, para. 2 (c)).18 Similarly, article 12, paragraph 2 (b) of the International
Covenant on Economic, Social and Cultural Rights provides that the steps Parties must take
to achieve the full realization of the right to health “shall include those necessary for … the
improvement of all aspects of environmental and industrial hygiene”. The Committee on
Economic, Social and Cultural Rights has interpreted this phrase to comprise, inter alia,
“the requirement to ensure an adequate supply of safe and potable water and basic
sanitation; [and] the prevention and reduction of the population‟s exposure to harmful
substances such as radiation and harmful chemicals or other detrimental environmental
conditions that directly or indirectly impact upon human health”.19
24.
Finally, the regional human rights tribunals have contributed a great deal of
jurisprudence to the relationship of human rights and the environment. In a series of
carefully reasoned decisions, the African Commission on Human and Peoples‟ Rights, the
European Court of Human Rights, and the Inter-American Commission and Court of
Human Rights have found that environmental harm can give rise to violations of rights to
life,20 health,21 property22 and privacy,23 among others.
C.
Human rights vital to environmental policymaking
25.
The human rights whose enjoyment can be affected by environmental harm are not
the only rights directly relevant to the environment. Another approach to clarifying the
18
19
20
21
22
23
To the same end, the Convention requires Parties to take appropriate measures to ensure that all
segments of society are supported in the use of basic knowledge of environmental sanitation (art. 24,
para. 2 (e)).
Committee on Economic, Social and Cultural Rights, general comment No. 14, para. 15.
Interestingly, the Committee entitled its paragraph on article 12, paragraph 2 (b), “The right to healthy
natural and workplace environments”.
E.g., African Commission on Human and Peoples‟ Rights, communication No. 155/96, Social and
Economic Rights Action Center v. Nigeria (Ogoniland Case), decision, para. 67; European Court of
Human Rights, Öneryildiz v. Turkey (application No. 48939/99), Judgement, 30 November 2004,
para. 118; Inter-American Commission on Human Rights, report on the situation of human rights in
Ecuador, document OEA/Ser.L/V/II.96 doc. 10 rev. 1.
E.g., European Committee of Social Rights, complaint No. 30/2005, Marangopoulos Foundation for
Human Rights v. Greece, para. 221.
E.g., Inter-American Court of Human Rights, Saramaka People v. Suriname, Series C No. 172,
judgement of 28 November 2007, paras. 95, 158; Indigenous Community of Yakye Axa v. Paraguay,
Series C No. 125, judgement of 17 June 2005, para. 143, 156; Inter-American Commission on Human
Rights, Maya Indigenous Community of the Toledo District v. Belize, case 12.053, report No. 40/04,
document OEA/Ser.L/V/II.122, doc. 5 rev. 1, para. 153.
E.g., European Court of Human Rights, Fadeyeva v. Russia (application No. 55723/00), judgement of
9 June 2005, para. 134; Taşkin and others v. Turkey (application No. 46117/99), judgement of 10
November 2004, para. 126; López Ostra v. Spain (application No. 16798/90), judgement of 9
December 1994, para. 58.
9
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