A/HRC/43/54 I. Introduction 1. In its resolution 37/8, the Human Rights Council requested the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment to convene an expert seminar on the experience and best practices of States at the national and regional levels with regard to human rights obligations relating to the environment and to submit to the Council, at its forty-third session, a summary report on the above-mentioned seminar, including any recommendations stemming therefrom, for consideration of further follow-up action. 2. To fulfil that request, the Special Rapporteur, David R. Boyd, with the support of the Office of the United Nations High Commissioner for Human Rights and the United Nations Environment Programme, organized an expert seminar for a day and a half in Geneva on 20 and 21 June 2019 to discuss good practices in the implementation of the right to a safe, clean, healthy and sustainable environment. He also held a public consultation on 21 June in Geneva. The participants included States, academic experts, judges, lawyers, civil society organizations, experts representing international organizations and individuals who expressed an interest in the topic. 3. As mentioned in a number of intergovernmentally agreed-upon resolutions, more than 150 States have explicitly recognized the right to a healthy environment in law through their constitutions, national legislation, and regional agreements (Human Rights Council resolution 37/8 and 40/11 and United Nations Environment Assembly resolution 4/17). This figure includes more than 100 States where the right enjoys constitutional protection, more than 100 States where it is included in environmental legislation and more than 125 States that have ratified regional treaties. Of those 125 States, 52 States are parties to the African Charter on Human and Peoples’ Rights, 45 States are parties to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention), 16 States are parties to the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) and 16 States are parties to the Arab Charter on Human Rights. Furthermore, there is a growing body of jurisprudence involving the right to a healthy environment at both the regional and national levels (A/73/188). 4. Despite extensive developments in the recognition of the right to a healthy environment at the national and regional levels, there is limited understanding about good practices with regard to this right, and about barriers to its recognition, implementation and fulfilment. The expert seminar was convened to broaden and deepen the understanding of the right to a healthy environment so that this fundamental human right can be enjoyed by everyone, everywhere. 5. The seminar was held with the objectives of (a) identifying good practices in the recognition and implementation of the right to a healthy environment, (b) identifying barriers to the recognition, implementation and protection of this right, (c) providing input for the present report, (d) providing additional support for the global recognition of the right to a healthy environment by the United Nations, and (e) providing recommendations to the Human Rights Council, as well as States, civil society organizations and international organizations, as to the way forward in respecting, protecting and fulfilling this right. The programme for the meeting is attached as annex I and the concept note is attached as annex II. II. Good practices in implementing and protecting the right to a healthy environment in the national and regional contexts 6. This section briefly summarizes the participants’ discussions regarding specific examples of good practices in different regions in the promotion and implementation of the right to a healthy environment, including the evidence relating to the effectiveness of the measures identified in these practices. The scope of the phrase “good practice” was given a flexible and broad interpretation; it was not limited to practices that use human rights explicitly but included practices that reduce environmental harms or improve 3

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