A/HRC/43/54
other States in their regions to establish similar provisions. This is particularly important
with respect to small island States, whose dependence on healthy ecosystems is especially
important, yet these States make up the majority of States that do not yet legally recognize
the right to a healthy environment. Participants also asked how strong precedents in cases
based on the right to a healthy environment could be shared internationally.
44.
Participants discussed several proposals that would enhance cross-pollination. First,
they suggested that sharing information in an effective and efficient manner was critical for
creating synergies across States and regions, confirming the previous discussion on the lack
of access to information as a significant barrier. The right to a healthy environment has
rapidly become recognized around the world; however, information regarding its content
and implementation is not well understood in some States. For example, a global portal that
has information on relevant laws, regulations, policies, resolutions, court decisions and
good practices from different countries and regions could provide an excellent source of
information for government officials, judges, lawyers, non-governmental organizations,
academics and anyone interested in the topic. A portal could also serve as a platform for
building partnerships and networks of actors working on the issue at different levels.
45.
The Aarhus Convention secretariat introduced a portal on access to justice, through
which it provides information on court decisions as well as practical challenges and barriers
facing all stakeholders. The Aarhus Clearinghouse for Environmental Democracy is a
regional example of a good practice in making relevant information on various aspects of
environmental democracy available to the public.23
46.
Environmental education, judicial workshops and human rights training for different
actors (judiciaries, authorities, academics and civil society) between generations and
regions could also create synergies for the implementation and protection of the right to a
healthy environment.
47.
National human rights institutions are at the forefront of protecting and promoting
human rights but in some regions they have not yet turned their focus to the human rights
and environment nexus. These institutions engage actors who are knowledgeable and who
have the existing authority and networks capable of promoting, implementing and
defending the right to a healthy environment. Some of these institutions, particularly in
Latin America and Asia, are already working extensively on the protection of human rights
from environmental harm and they could share good practices with national institutions in
other regions. These institutions would benefit from additional resources.
48.
The United Nations Development Programme has numerous environment-related
projects under way in many States. These projects can make vital contributions to ensuring
that the right to a healthy environment is being properly operationalized and they can help
to monitor the implementation of recommendations from human rights mechanisms relating
to the environment at the country level. The Environmental Governance Programme, led by
the United Nations Development Programme and the Swedish Environmental Protection
Agency, was mentioned as a good example of a mechanism integrating human rights in the
mining sector.24
49.
The United Nations Environment Programme was also praised for its recent
Environmental Rights Initiative, which is helping to develop a broader understanding of the
relationship between environmental protection and human rights. The Initiative also offers
assistance for environmental human rights defenders and has conducted successful judicial
education workshops.25
50.
Participants discussed the relevance of the Sustainable Development Goals and in
particular Goal 16 in linking the international commitment to sustainable development with
national-level implementation of the right to a healthy environment. The environmental
aspects of Goal 16 have not been fully explored and there is a need to conduct this analysis.
23
24
25
12
See https://aarhusclearinghouse.unece.org/.
See www.environmentalgovernanceprogramme.org/about-the-programme.
See www.unenvironment.org/explore-topics/environmental-rights-and-governance/what-wedo/advancing-environmental-rights/what-1.
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