A/HRC/31/53
Report of the Special Rapporteur on the issue of human
rights obligations relating to the enjoyment of a safe, clean,
healthy and sustainable environment
I. Introduction
1.
In its resolution 19/10, the Human Rights Council decided to appoint an independent
expert with a mandate to study the human rights obligations relating to the enjoyment of a
safe, clean, healthy and sustainable environment, and to identify and promote best practices
on the use of human rights obligations and commitments to inform, support and strengthen
environmental policymaking.
2.
In March 2014, the Independent Expert presented a mapping report that reviews the
statements of human rights bodies, as well as views gathered in regional consultations with
Governments, civil society organizations, international organizations and academics, on the
obligations of States under international human rights law relating to the environment
(A/HRC/25/53).
3.
The diverse sources reviewed indicate a growing level of consensus about how
human rights norms apply to environmental issues. There is agreement that environmental
degradation can and does interfere with the enjoyment of a wide range of human rights. To
protect against such interference, human rights bodies have stated that Governments have:
(a) procedural obligations, including to make environmental information publicly available,
to facilitate public participation in environmental decision-making and to provide access to
legal remedies; (b) substantive obligations to adopt institutional frameworks to protect
against environmental harm that may infringe on enjoyment of human rights; and (c)
heightened obligations to protect those who are most vulnerable to such harm.
4.
Many Governments, international organizations, corporations and civil society
organizations are already employing human rights perspectives to address environmental
problems. In March 2015, the Independent Expert presented a report to the Human Rights
Council in which he identified more than 100 good practices with respect to each of the
above obligations, in every region of the world (A/HRC/28/61). In addition to being
available on the website of the United Nations, descriptions of the practices are now
accessible through a stand-alone dedicated website, www.environmentalrightsdatabase.org,
which allows the practices to be easily searched.
5.
In its resolution 28/11, the Human Rights Council renewed the mandate and
changed the title of the mandate holder to Special Rapporteur. In that same resolution, the
Council requested the Special Rapporteur to continue to study human rights obligations
relating to the environment and to identify good practices in the use of such obligations, but
also to promote and report on the realization of human rights obligations relating to the
enjoyment of a safe, clean, healthy and sustainable environment, to disseminate his findings
by continuing to give particular emphasis to practical solutions with regard to their
implementation and to work on identifying challenges and obstacles to the full realization
of such obligations. The human rights norms relating to the environment continue to
develop and evolve and, with a view to further clarifying the applicable obligations, the
Special Rapporteur continues to examine thematic issues, including climate change and
ecosystem protection. As recognized in resolution 28/11, however, many of the human
rights norms relating to environmental protection are clear enough that it is appropriate to
examine how they can be better promoted and implemented.
6.
To that end, the Human Rights Council requested the Special Rapporteur and the
Office of the United Nations High Commissioner for Human Rights (OHCHR) to convene
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