A/HRC/37/59
necessary to address such harm. States have entered into agreements on many international
environmental problems, including climate change, ozone depletion, transboundary air
pollution, marine pollution, desertification and the conservation of biodiversity.
37.
The obligation of international cooperation does not require every State to take
exactly the same actions. The responsibilities that are necessary and appropriate for each
State will depend in part on its situation, and agreements between States may appropriately
tailor their commitments to take account of their respective capabilities and challenges.
Multilateral environmental agreements often include different requirements for States in
different economic situations, and provide for technical and financial assistance from
developed States to other States.
38.
Once their obligations have been defined, however, States must comply with them in
good faith. No State should ever seek to withdraw from any of its international obligations
to protect against transboundary or global environmental harm. States should continually
monitor whether their existing international obligations are sufficient. When those
obligations and commitments prove to be inadequate, States should quickly take the
necessary steps to strengthen them, bearing in mind that the lack of full scientific certainty
should not be used to justify postponing effective and proportionate measures to ensure a
safe, clean, healthy and sustainable environment.
39.
States must also comply with their human rights obligations relating to the
environment in the context of other international legal frameworks, such as agreements for
economic cooperation and international finance mechanisms. For example, they should
ensure that agreements facilitating international trade and investment support, rather than
hinder, the ability of States to respect, protect and fulfil human rights and to ensure a safe,
clean, healthy and sustainable environment. International financial institutions, as well as
State agencies that provide international assistance, should adopt and implement
environmental and social safeguards that are consistent with human rights obligations,
including by: (a) requiring the environmental and social assessment of every proposed
project and programme; (b) providing for effective public participation; (c) providing for
effective procedures to enable those who may be harmed to pursue remedies; (d) requiring
legal and institutional protections against environmental and social risks; and (e) including
specific protections for indigenous peoples and those in vulnerable situations.
Framework principle 14
States should take additional measures to protect the rights of those
who are most vulnerable to, or at particular risk from, environmental
harm, taking into account their needs, risks and capacities.
Commentary
40.
As the Human Rights Council has recognized, while the human rights implications
of environmental damage are felt by individuals and communities around the world, the
consequences are felt most acutely by those segments of the population that are already in
vulnerable situations.24 Persons may be vulnerable because they are unusually susceptible
to certain types of environmental harm, or because they are denied their human rights, or
both. Vulnerability to environmental harm reflects the “interface between exposure to the
physical threats to human well-being and the capacity of people and communities to cope
with those threats”.25
41.
Those who are at greater risk from environmental harm for either or both reasons
often include women, children, persons living in poverty, members of indigenous peoples
and traditional communities, older persons, persons with disabilities, ethnic, racial or other
24
25
16
See Human Rights Council resolution 34/20.
United Nations Environment Programme, Global Environment Outlook 3 (2002), p. 302.
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