A/HRC/37/59
Report of the Special Rapporteur on the issue of human
rights obligations relating to the enjoyment of a safe, clean,
healthy and sustainable environment
I. Introduction
1.
The present report is the final report of the Special Rapporteur to the Human Rights
Council. It presents framework principles on human rights and the environment, addresses
the human right to a healthy environment and looks forward to the next steps in the
evolving relationship between human rights and the environment.
2.
The mandate was established in March 2012 by the Council in its resolution 19/10,
in which it decided to appoint an independent expert with a mandate to study the human
rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable
environment and to identify and promote best practices relating to the use of human rights
obligations and commitments to inform, support and strengthen environmental
policymaking. John H. Knox was appointed to the position in August 2012. In his first
report, presented to the Council in March 2013, he emphasized that human rights and the
environment are interdependent (A/HRC/22/43). A safe, clean, healthy and sustainable
environment is necessary for the full enjoyment of a vast range of human rights, including
the rights to life, health, food, water and development. At the same time, the exercise of
human rights, including the rights to information, participation and remedy, is vital to the
protection of the environment.
3.
Over the first two years of the mandate, the Independent Expert sought to map the
human rights obligations relating to the environment in more detail. He held a series of
regional consultations around the world and, with the help of attorneys and academics
working pro bono, reviewed hundreds of statements of treaty bodies, regional human rights
tribunals, special procedure mandate holders and other human rights authorities that had
applied human rights norms to environmental issues. He described the statements in 14
reports, each of which addressed one source or set of sources. He found that despite the
diversity of the sources, their views on the relationship of human rights law and the
environment were remarkably coherent. His second report, presented in March 2014,
summarized these views (A/HRC/25/53). Virtually every source reviewed identified human
rights whose enjoyment was infringed or threatened by environmental harm, and agreed
that States had obligations under human rights law to protect against such harm. The
obligations included procedural obligations (such as duties to provide information, facilitate
participation and provide access to remedies), substantive obligations (including to regulate
private actors) and heightened obligations to those in particularly vulnerable situations.
4.
On the basis of his research and regional consultations, the Independent Expert also
identified good practices in the use of these obligations, and in his next report to the
Council, presented in March 2015, he described more than 100 such good practices
(A/HRC/28/61). He published more detailed descriptions of each of the good practices on
the website of the Office of the United Nations High Commissioner for Human Rights
(OHCHR),
and
made
them
available
in
a
searchable
database
at
http://environmentalrightsdatabase.org/.
5.
In March 2015, in its resolution 28/11, the Human Rights Council decided to extend
the mandate of John H. Knox as a special rapporteur on the issue of human rights
obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
for a period of three years. The Council encouraged him to continue to study the human
rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable
environment and to identify and promote good practices relating to those obligations. He
has submitted reports on specific aspects of that relationship, including a report on climate
change and human rights in 2016 (A/HRC/31/52), a report on biodiversity and human
rights in 2017 (A/HRC/34/49), and a report on children’s rights and the environment to the
current session of the Council (A/HRC/37/58).
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