A/HRC/37/59
(d)
The standard must comply with all relevant human rights obligations. For
example, in all actions concerning children, the best interests of the child must be a primary
consideration;21
(e)
Finally, the standard must not strike an unjustifiable or unreasonable balance
between environmental protection and other social goals, in light of its effects on the full
enjoyment of human rights.22
Framework principle 12
States should ensure the effective enforcement of their environmental
standards against public and private actors.
Commentary
34.
Governmental authorities must comply with the relevant environmental standards in
their own operations, and they must also monitor and effectively enforce compliance with
the standards by preventing, investigating, punishing and redressing violations of the
standards by private actors as well as governmental authorities. In particular, States must
regulate business enterprises to protect against human rights abuses resulting from
environmental harm and to provide for remedies for such abuses. States should implement
training programmes for law enforcement and judicial officers to enable them to understand
and enforce environmental laws, and they should take effective steps to prevent corruption
from undermining the implementation and enforcement of environmental laws.
35.
In accordance with the Guiding Principles on Business and Human Rights, the
responsibility of business enterprises to respect human rights includes the responsibility to
avoid causing or contributing to adverse human rights impacts through environmental
harm, to address such impacts when they occur and to seek to prevent or mitigate adverse
human rights impacts that are directly linked to their operations, products or services by
their business relationships. Businesses should comply with all applicable environmental
laws, issue clear policy commitments to meet their responsibility to respect human rights
through environmental protection, implement human rights due diligence processes
(including human rights impact assessments) to identify, prevent, mitigate and account for
how they address their environmental impacts on human rights, and enable the remediation
of any adverse environmental human rights impacts they cause or to which they contribute.
Framework principle 13
States should cooperate with each other to establish, maintain and
enforce effective international legal frameworks in order to prevent,
reduce and remedy transboundary and global environmental harm that
interferes with the full enjoyment of human rights.
Commentary
36.
The obligation of States to cooperate to achieve universal respect for, and
observance of, human rights23 requires States to work together to address transboundary and
global threats to human rights. Transboundary and global environmental harm can have
severe effects on the full enjoyment of human rights, and international cooperation is
21
22
23
See Convention on the Rights of the Child, art. 3 (1).
For example, a decision to allow massive oil pollution in the pursuit of economic development could
not be considered reasonable in light of its disastrous effects on the enjoyment of the rights to life,
health, food and water. See African Commission on Human and Peoples’ Rights, Social and
Economic Rights Action Centre and Centre for Economic and Social Rights v. Nigeria,
communication No. 155/96 (2001).
See Charter of the United Nations, arts. 55–56; International Covenant on Economic, Social and
Cultural Rights, art. 2 (1).
15
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