A/HRC/43/53 those identified in the present report. The practices highlighted by the Special Rapporteur are intended to illustrate the innovative and exemplary efforts being made to respect, protect and fulfil the right to a safe, clean, healthy and sustainable environment. 7. These good practices show that environmental progress and the protection of human rights from environmental harm are possible. While the contribution of such a prodigious variety of good practices by such a large number of States is encouraging, the Special Rapporteur cautions against complacency. Humanity is embroiled in an unprecedented global environmental crisis. Its actions are causing a climate emergency, a massive decline in biodiversity, and pollution of air, water and soil that contributes to millions of premature deaths annually. An accelerated dissemination and adoption of good practices is imperative to transform society onto a genuinely sustainable pathway and to protect human rights. 8. To be clear, all States have obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, including States that have not yet recognized the right to a healthy and sustainable environment. These obligations are set forth in extensive detail in the framework principles presented to the Human Rights Council by the previous mandate holder (A/HRC/37/59, annex). III. Good practices in the implementation of the right to a safe, clean, healthy and sustainable environment A. Legal recognition 9. In the present report, the Special Rapporteur focuses on the implementation of the right to a safe, clean, healthy and sustainable environment. The legal recognition of this right can itself be considered a good practice, whether by means of constitutional protection, inclusion in environmental legislation or through ratification of a regional treaty that includes the right. 10. In cooperation with the Vance Center for International Justice, the Special Rapporteur prepared an updated list of States that legally recognize the right to a safe, clean, healthy and sustainable environment (see annex II). There are 110 States where this right enjoys constitutional protection. Constitutional protection for human rights is essential, because the constitution represents the highest and strongest law in a domestic legal system. Furthermore, the constitution plays an important cultural role, reflecting a society’s values and aspirations. 11. The right to a healthy environment is explicitly included in regional treaties ratified by 126 States. This includes 52 States that are parties to the African Charter on Human and Peoples’ Rights, 45 States that are parties to the Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention), 16 States that are parties to the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) and 16 States that are parties to the Arab Charter on Human Rights. As at 1 December 2019, five States had ratified the Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean (Escazú Agreement); this recent treaty requires, however, 11 ratifications to enter into force. Ten States adopted the non-binding Declaration on Human Rights of the Association of South-East Asian Nations. 12. It is also important that legislation be enacted and implemented to respect, protect and fulfil the right to a safe, clean, healthy and sustainable environment. There are 101 States where this right has been incorporated into national legislation. Especially good practices can be seen in Argentina, Brazil, Colombia, Costa Rica, France, the Philippines, Portugal and South Africa, where the right to a healthy environment serves as a unifying principle that permeates legislation, regulations and policies. 13. In total, more than 80 per cent of States Members of the United Nations (156 out of 193) legally recognize the right to a safe, clean, healthy and sustainable environment. The 4

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