A/HRC/37/59
6.
In resolution 28/11, the Council also encouraged the Special Rapporteur to promote
and report on the realization of human rights obligations relating to the enjoyment of a safe,
clean, healthy and sustainable environment, to disseminate his findings by continuing to
give particular emphasis to practical solutions with regard to their implementation and to
work on identifying challenges and obstacles to the full realization of such obligations. The
Special Rapporteur presented a report in March 2016 with specific recommendations on
implementation of the human rights obligations relating to the environment
(A/HRC/31/53). In his second term, he has promoted implementation of the obligations in
many ways, including by partnering with the United Nations Environment Programme on a
series of judicial workshops on constitutional rights to a healthy environment, supporting
the United Nations Institute for Training and Research in the development of an online
course on human rights and the environment and working with the Universal Rights Group
to develop a website for environmental human rights defenders, https://www.environmentrights.org/, as well as by undertaking country visits and receiving communications on
violations.
II. Framework principles on human rights and the environment
7.
To facilitate implementation of the human rights obligations relating to the
enjoyment of a safe, clean, healthy and sustainable environment, the Special Rapporteur
was urged to develop and disseminate guidance that clearly describes the relevant norms
and is easy to understand and apply (see A/HRC/31/53, para. 69). In October 2017, the
Special Rapporteur published draft guidelines on human rights and the environment and
invited written comments. He also held a public consultation and an expert seminar, which
included representatives of Governments, international organizations, civil society
organizations and academics. He took into account the input received at the consultation
and the seminar, as well as more than 50 written comments, in preparing the framework
principles on human rights and the environment that are annexed to the present report.
8.
The 16 framework principles set out basic obligations of States under human rights
law as they relate to the enjoyment of a safe, clean, healthy and sustainable environment.
Each framework principle has a commentary that elaborates on it and further clarifies its
meaning. The framework principles and commentary do not create new obligations. Rather,
they reflect the application of existing human rights obligations in the environmental
context. As the Special Rapporteur stated in the mapping report (A/HRC/25/53), he
understands that not all States have formally accepted all of these norms. While many of
the obligations described in the framework principles and commentary are based directly on
treaties or binding decisions from human rights tribunals, others draw on statements of
human rights bodies that have the authority to interpret human rights law but not
necessarily to issue binding decisions.1
9.
The coherence of these interpretations, however, is strong evidence of the
converging trends towards greater uniformity and certainty in the understanding of human
rights obligations relating to the environment. These trends are further supported by State
practice, including in international environmental instruments and before human rights
bodies. As a result, the Special Rapporteur believes that States should accept the framework
principles as a reflection of actual or emerging international human rights law. He is
confident that, at a bare minimum, States will see them as best practices that they should
move to adopt as expeditiously as possible.
1
To avoid making the document too long and unwieldy, the framework principles and commentary do
not cite all of the human rights sources on which they rely. A more complete list of sources is
available on the OHCHR website. Although the framework principles and commentary do not attempt
to restate obligations in areas other than human rights law, they do take into account relevant
international environmental sources, such as the Guidelines for the Development of National
Legislation on Access to Information, Public Participation and Access to Justice in Environmental
Matters (the Bali Guidelines), adopted by the Governing Council of the United Nations Environment
Programme in 2010.
3
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