A/HRC/37/59
10.
After consideration, the Special Rapporteur chose the name “framework principles”
because he thought that it best reflected the nature of the document. The framework
principles and commentary provide a sturdy basis for understanding and implementing
human rights obligations relating to the environment, but they are in no sense the final
word. The relationship between human rights and the environment has countless facets, and
our understanding of it will continue to grow for many years to come. These framework
principles do not purport to describe all of the human rights obligations that can be brought
to bear on environmental issues today, much less attempt to predict those that may evolve
in the future. The goal is simply to describe the main human rights obligations that apply in
the environmental context, in order to facilitate their practical implementation and further
development. To that end, the Special Rapporteur urges States, international organizations
and civil society organizations to disseminate and publicize the framework principles, and
to take them into account in their own activities.
III. The human right to a safe, clean, healthy and sustainable
environment
11.
An unusual aspect of the development of human rights norms relating to the
environment is that they have not relied primarily on the explicit recognition of a human
right to a safe, clean, healthy and sustainable environment — or, more simply, a human
right to a healthy environment. Although this right has been recognized, in various forms,
in regional agreements and in most national constitutions, it has not been adopted in a
human rights agreement of global application, and only one regional agreement, the African
Charter on Human and Peoples’ Rights, provides for its interpretation in decisions by a
review body.
12.
Treaty bodies, regional tribunals, special rapporteurs and other international human
rights bodies have instead applied human rights law to environmental issues by “greening”
existing human rights, including the rights to life and health. As the mapping report
explained and the framework principles demonstrate, this process has been quite successful,
creating an extensive jurisprudence on human rights and the environment. In retrospect, this
development is not as surprising as it may have seemed when it first began, over two
decades ago. Environmental harm interferes with the full enjoyment of a wide spectrum of
human rights, and the obligations of States to respect human rights, to protect human rights
from interference and to fulfil human rights apply in the environmental context no less than
in any other.
13.
Explicit recognition of the human right to a healthy environment thus turned out to
be unnecessary for the application of human rights norms to environmental issues. At the
same time, it is significant that the great majority of the countries in the world have
recognized the right at the national or regional level, or both. Based on the experience of
the countries that have adopted constitutional rights to a healthy environment, recognition
of the right has proved to have real advantages. It has raised the profile and importance of
environmental protection and provided a basis for the enactment of stronger environmental
laws. When applied by the judiciary, it has helped to provide a safety net to protect against
gaps in statutory laws and created opportunities for better access to justice. Courts in many
countries are increasingly applying the right, as is illustrated by the interest in the regional
judicial workshops held by the United Nations Environment Programme and the Special
Rapporteur.
14.
On the basis of this experience, the Special Rapporteur recommends that the Human
Rights Council consider supporting the recognition of the right in a global instrument. A
model could be the rights to water and sanitation, which, like the right to a healthy
environment, are not explicitly recognized in United Nations human rights treaties but are
clearly necessary to the full enjoyment of human rights. In 2010, in its resolution 64/292,
the General Assembly recognized “the right to safe and clean drinking water and sanitation
as a human right that is essential for the full enjoyment of life and all human rights”. The
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