A/HRC/43/54
D.
Latin America and the Caribbean
13.
Latin America and the Caribbean is a leading region in terms of recognizing the
right to a healthy environment. Over 30 countries have incorporated this right into their
constitutions, from Cuba and Jamaica to Argentina and Costa Rica. 13 The Regional
Agreement on Access to Information, Public Participation and Justice in Environmental
Matters in Latin America and the Caribbean (Escazú Agreement) requires that “each Party
shall guarantee the right of every person to live in a healthy environment” (art. 4).14 The
Inter-American Court of Human Rights issued an advisory opinion stating that the right to a
healthy environment is a fundamental right for the existence of humankind.15
14.
Costa Rica announced a plan to achieve zero greenhouse gas emissions by 2050. It
already obtains more than 98 per cent of its electricity from renewable sources, and it
prohibits exploration for oil and gas.16 In a lawsuit brought by a group of young people
aged between 7 and 25 years, the Supreme Court of Colombia ruled that deforestation in
the Amazon violated the right to a healthy environment.17 In Ecuador and Peru, there are
commitments aimed at providing increased protection for environmental human rights
defenders.18 In Jamaica, there are many cases addressing the right to a healthy environment.
For example, one public defender, also a preacher and a government official, brought
forward an air pollution case based in part on an alleged violation of the right to a healthy
environment. In Argentina, the right to a healthy environment is recognized as a collective
right but allows private action and has been the subject of vital Supreme Court decisions.19
III. Barriers to the implementation, protection and fulfilment of
the right to a healthy environment in the national and
regional contexts
15.
During the seminar, following the discussion identifying good practices, participants
addressed the barriers and challenges experienced by Governments, businesses, civil
society organizations and individuals in the implementation, protection and fulfilment of
the right to a healthy environment. Root causes for these barriers were identified and
analysed.
16.
Among some communities, there continues to be a lack of understanding about the
complex interlinkages between human rights and the environment. There is a pressing need
to continue to raise awareness about these connections. For example, one participant
explained the difficulties she had experienced when she had organized a meeting on
eliminating lead from paint. It was not easy for people at the meeting to understand how the
use of lead in paint (which causes increased risks of lead exposure for children, who are
acutely vulnerable to the potentially devastating impacts of lead on neurological
development) is related to potential violations of human rights. The difficult legal language
used in human rights combined with the technical terminology of science can be highly
challenging for people with limited education, or without backgrounds in either of these
subjects. It is essential to provide ecological education to children and youth of all ages,
from preschool through to college and university. People from all walks of life in all
13
14
15
16
17
18
19
6
David R. Boyd, “Catalyst for change”.
The Agreement hast not yet entered into force as it has not acquired the minimum number of 11
ratifications.
Advisory Opinion OC-23/17, 15 November 2017.
Costa Rica, Decarbonization Plan: Commitment of the Bicentennial Government 2018–2050.
See www.dejusticia.org/en/en-fallo-historico-corte-suprema-concede-tutela-de-cambio-climatico-ygeneraciones-futuras/.
Inter-American Commission on Human Rights, Towards Effective Integral Protection Policies for
Human Rights Defenders (2017). Available at www.oas.org/en/iachr/reports/pdfs/Defensores-eng2017.pdf.
Supreme Court of Argentina, Beatriz Silvia Mendoza and Others v. National Government and Others,
decision, 8 July 2008.
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