A/HRC/31/53
transboundary impacts. Such a regional agreement would complement ongoing efforts by
the ASEAN Intergovernmental Commission on Human Rights to integrate a human rights
perspective on environmental and climate change policymaking.
53.
In addition, regional bodies could further the implementation of human rights norms
relating to the environment by, among other things: (a) building capacity for the judicial
sector to understand the relationship between human rights and the environment; and (b)
supporting national efforts to implement human rights and environmental principles into
national laws, including by increasing dialogue and cooperation between different
ministries.
C.
National actors
54.
States are already undertaking a wide array of measures to implement human rights
obligations relating to the environment, as explained in the report of the Special Rapporteur
on good practices (A/HRC/28/61). But much remains to be done to adopt those good
practices more widely and to ensure their effective implementation.
1.
State institutions
55.
A number of interlocutors urged States that have not yet done so to consider
adopting a right to a healthy environment into their national constitution. Experts have
identified many potential benefits of adopting a constitutional environmental right,
including that the recognition of such rights can lead to the enactment of stronger
environmental laws; provide a safety net to protect against gaps in statutory environmental
laws; raise the profile and importance of environmental protection as compared with
competing interests, such as economic development; and create opportunities for better
access to justice and accountability. Whether or not States adopt a constitutional right to a
healthy environment, States should adopt strong environmental laws ensuring, among other
things, rights to information, participation and remedy. In the report on good practices, the
Special Rapporteur provides several examples of such laws.
56.
States should also consider establishing dedicated environmental courts and/or
modifying standing requirements to facilitate the resolution of environmental cases.
Examples of such courts include the Land and Environment Court of New South Wales,
Australia, created in 1980; the Environmental Administrative Tribunal of Costa Rica,
established in 1995, and the National Green Tribunals of India, established in 2011. At the
administrative level, a human rights perspective should be mainstreamed not only in
environmental agencies, but also in development agencies of all kinds.
57.
To strengthen implementation, States also need to create an enabling environment
with appropriate safeguards for environmental human rights defenders. An important step is
to ensure that the principles of 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 are enshrined in national law, and to establish
and strengthen protection programmes and mechanisms for human rights defenders,
including environmental defenders.
58.
Furthermore, States should continue to cooperate with the national and regional
country offices of UNDP, UNEP and OHCHR to mainstream a human rights perspective
into their environmental programmes and activities. A potential area of collaboration is
building the capacity of law students, advocates, judges, national human rights institutions,
policymakers and other relevant actors to apply human rights norms in their decisionmaking.
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