A/HRC/43/54 In particular, developing indicators relating directly to human rights and the environment would ensure that the capacity exists to measure the progress States are making in meeting the Goals that have both environmental and human rights dimensions. V. Opportunities, needs and common themes 51. Participants identified opportunities that should be explored to further recognize, promote, implement and fulfil the right to a healthy environment. They made concrete recommendations relating to the roles of the United Nations, States, international organizations, the Special Rapporteur and civil society organizations regarding the implementation of the right to live in a healthy environment for everyone, everywhere. 52. Participants stressed the fact that the right should not be found only on paper in constitutions, legislation and treaties, but it must also be operationalized, and that this was urgent in light of the global environmental emergency. It is important to make the right enforceable and judiciable. It is important to emphasize better implementation of international human rights law obligations in all environmental contexts, as articulated in the framework principles on human rights and the environment developed by the previous Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment (A/HRC/37/59, annex). 53. As elaborated by the European Court of Human Rights in a case involving noise pollution in Spain, the right to a healthy environment has to be effective and not merely illustrative.26 Environmental litigation should continue as a means to achieve environmental justice. There have been many successful lawsuits, including the Urgenda climate case in the Netherlands,27 the Port Lamu cases in Kenya, involving a proposed coal mine and a massive port development,28 major pollution cases in the Philippines29 and Argentina30, and the Dejusticia case regarding deforestation in Colombia. 54. A number of participants encouraged the Special Rapporteur to consider participating in globally important cases as an amicus curiae, or a friend of the court. This is a tactic that has been used successfully by other special procedure mandate holders. In 2018, the Special Rapporteur filed an expert statement in a climate change lawsuit brought by Friends of the Irish Environment. In 2019, he applied to file an amicus brief in an important lawsuit in South Africa, asserting that egregious levels of air pollution violate the constitutional right to a safe, clean, healthy and sustainable environment. 55. Participants urged all actors to make better use of United Nations treaty bodies, regional courts and regional human rights commissions in order to apply international laws and norms to the national implementation of the right to a healthy environment. Most countries around the world are under the jurisdiction of regional human rights courts and commissions. Regional courts and commissions have made landmark decisions relating to a healthy environment, thoughtfully harmonizing human rights and the environment while striving to avoid conflicts with other societal priorities. 26 27 28 29 30 See European Court of Human Rights, Moreno Gómez v. Spain (application No. 4143/02), judgment, 16 February 2005. See Supreme Court of the Netherlands, State of the Netherlands (Ministry of Economic Affairs and Climate v. Urgenda Foundation (No. 19/00135), judgment, 20 December 2019. See High Court of Kenya, Baadi and Others v. Attorney General and Others, judgment, 2012. Available at https://elaw.org/system/files/attachments/publicresource/ke_LAPSSET_Final Judgment_No22of2012.pdf. See also National Environmental Tribunal, Save Lamu et al. v. National Environmental Management Authority et al. (appeal No. 196 of 2016), judgment, 26 June 2019. See Supreme Court of the Philippines, Metropolitan Manila Development Authority et al. v. Concerned Residents of Manila Bay et al., decision, 18 December 2008. Available at www.elaw.org/content/philppines-metropolitan-manila-development-authority-et-al-v-concernedresidents-manila-bay-. See Supreme Court of Argentina, Beatriz Silvia Mendoza and Others v. National Government and Others, decision, 8 July 2008, regarding damages suffered (injuries resulting from the environmental contamination of the Matanza-Riachuelo River). Available at www.escr-net.org/sites/default/files/ Sentencia_CSJN_2008_english.pdf. 13