A/HRC/43/54 areas. In particular, indigenous peoples suffer from the disproportionate effects of environmental degradation, but they are often left out of the decision-making processes of Governments. C. Europe and other regions 28. Across Europe, European Union membership has accelerated the modernization and convergence of environmental laws and policies to some extent, but national factors – culture, history, institutions and policies – continue to be important in shaping environmental law. The clarity and strength of constitutional provisions relating to environmental protection can have a significant effect on their legal influence. Weak or ambiguous expressions of the right to a healthy environment (as in Belgium, the Netherlands and Spain) have constrained the impact of the right. 29. Participants discussed the lack of political will in the implementation of the right to a healthy environment as a major barrier despite the widespread legal recognition of the right in the region. They also pointed out that there had been some positive developments. For example, the Human Rights Committee had expressed concerns over the impacts on human rights of gas extraction operations in Groningen, the Netherlands, and recommended that the State take measures to address that problem. Overall, the application of human rights in environmental matters is still a challenge. This is often caused by a lack of awareness among government officials or judges regarding the relationship between environmental laws and human rights laws. In some parts of the region, there are tensions between political leaders and the judiciary, when political authorities assert that courts are exceeding their appropriate role by issuing strong judgments on human rights, including the right to a healthy environment. 30. The rule of law is firmly entrenched in Western Europe. There is a consistently high degree of transparency regarding the law; the judicial branch of government is well established and independent, and Governments generally respect the law. Furthermore, these States generally enjoy a high standard of living. 31. Access to information is widely available and there is generally ample opportunity for public participation in environmental decision-making. Access to justice, however, is less consistent. States in Western Europe employ different rules on standing, costs, evidence and types of proceedings. The leading nations are systematically eliminating the barriers that limit access to justice. One area where there is a high degree of variability among States in Western Europe involves the extent of judicial activism, as courts range from relatively conservative to moderately activist. 32. Among the overarching problems facing Eastern Europe are poverty, the weakness of the State, low levels of democracy and institutional instability. In some States, corruption, concentrated wealth and power, and bureaucratic arbitrariness are deeply rooted in political culture. The rule of law in some States is fragile, with Governments having trouble policing industrial and commercial interests. Where these problems are less severe, human rights – including the right to a healthy environment – are more likely to gain traction. The full enjoyment of constitutional rights, including the right to a healthy environment, will not become a reality without the further strengthening of the rule of law in the region. 33. In many States in Eastern Europe, weak enforcement continues to be a key concern. According to the Organization for Economic Cooperation and Development, environmental agencies in this region suffer from weak authority, scarce resources, outdated management approaches, a high turnover of professionals, frequent restructuring and a lack of incentives.20 Other problems include a lack of leadership, limited access to key information, poor sequencing of reforms, limited public participation and reform fatigue. 20 Organization for Economic Cooperation and Development, Policies for a Better Environment: Progress in Eastern Europe, Caucasus and Central Asia (2007). 9