A/HRC/43/54 incorporating the “right to a safe, clean and sustainable environment” as an element of the right to an adequate standard of living (para. 28 (f)). 10. Specific measures have been taken in Asia and the Pacific to implement the right to a healthy environment. For example, in the Philippines, the right to a healthy environment is articulated in the Constitution and incorporated in legislation, and the principle of intergenerational equity has been powerfully articulated by the Supreme Court. 5 India established the National Green Tribunal in 2010 so that specially trained judges could oversee cases involving environmental matters.6 Many States in this region are taking steps to address the devastating health and human rights impacts of air pollution. For example, China reduced the levels of particulate matter in 74 cities by 33 per cent in five years, demonstrating the effectiveness of strong laws, policies and actions (A/HRC/40/55, para. 93). Fiji is a global leader in articulating the urgency of the global climate emergency and backs its voice with strong, rights-based domestic climate action (A/HRC/43/53/Add.1). C. Europe and other regions7 11. The Aarhus Convention of 19988 and constitutions and national legislation in these regions legally recognize the right to a healthy environment. The majority of States in both Eastern and Western Europe recognize this right. 9 Although the Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights) does not include an explicit reference to the environment, the jurisprudence of the European Court of Human Rights has repeatedly referred to the right to a healthy environment.10 12. There are many good practices worth highlighting in these regions. For example, the United Kingdom of Great Britain and Northern Ireland has legislated binding targets to reduce greenhouse gas emissions via the Climate Change Act of 2008 (chap. 27). Since incorporating the right to a healthy environment into its constitutional Charter for the Environment in 2005, France has strengthened key environmental laws and policies on such issues as the use of pesticides, fossil fuel exploration and pollution taxes. In terms of establishing areas to protect biodiversity, Slovenia is a regional and global leader (A/HRC/43/53, paras. 107–108). Ukraine has good environmental impact assessment legislation that implements the right to participation. All environmental impact assessments are registered online and the information is made public. 11 Norway excels in providing access to environmental information and opportunities to participate in environmental planning and decision-making (A/HRC/43/53/Add.2). In Canada and the United States of America, the right to a healthy environment is not recognized at the federal level but is found in several provincial and territorial laws (for example, those of Ontario, Quebec and the Northwest Territories 12) and State constitutions (for example, those of Montana and Pennsylvania). 5 6 7 8 9 10 11 12 Supreme Court of the Philippines, Minors Oposa v. Secretary of the Department of Environment and Natural Resources (“DENR”), decision, 30 July 1993. The National Green Tribunal is mandated to strive to determine applications or appeals within six months of the filing of the same. Available at http://greentribunal.gov.in/history.aspx. This includes Western European and other States and Eastern European States. The Convention refers to “the right of every person of present and future generations to live in an environment adequate to his or her health and well-being” (art. 1). The Convention is open for ratification by any State; it is not limited to States in Europe. David R. Boyd, “Catalyst for change”. See, for example, European Court of Human Rights, Tatar v. Romania (application No. 67021/01), judgment, 27 January 2009, paras. 107 and 112. United Nations Development Programme, “Environmental impact assessment in Ukraine: preparatory support to the launch of the national registry”. Available at www.ua.undp.org/content/ukraine/en/ home/projects/environmental-impact-assessment.html. See Ontario Environmental Bill of Rights of 1993, Quebec Charter of Human Rights and Freedoms, Quebec Environment Quality Act and Northwest Territories Environmental Rights Act. 5