A/HRC/37/59
Framework principle 5
States should respect and protect the rights to freedom of expression,
association and peaceful assembly in relation to environmental matters.
Commentary
12.
The obligations of States to respect and protect the rights to freedom of expression,
association and peaceful assembly9 encompass the exercise of those rights in relation to
environmental matters. States must ensure that these rights are protected whether they are
being exercised within structured decision-making procedures or in other forums, such as
the news or social media, and whether or not they are being exercised in opposition to
policies or projects favoured by the State.
13.
Restrictions on the exercise of these rights are permitted only if they are provided by
law and necessary in a democratic society to protect the rights of others, or to protect
national security, public order, or public health or morals. These restrictions must be
narrowly tailored to avoid undermining the rights. For example, blanket prohibitions on
protests surrounding the operations of mining, forestry or other resource extraction
companies are unjustifiable (see A/HRC/29/25, para. 22). States may never respond to the
exercise of these rights with excessive or indiscriminate use of force, arbitrary arrest or
detention, torture or other cruel, inhuman or degrading treatment or punishment, enforced
disappearance, the misuse of criminal laws, stigmatization or the threats of such acts. States
should never hinder the access of individuals or associations to international bodies, or their
right to seek, receive and use resources from foreign as well as domestic sources. 10 When
violence occurs in an otherwise peaceful assembly or protest, States have a duty to
distinguish between peaceful and non-peaceful demonstrators, take measures to de-escalate
tensions and hold the violent individuals — not the organizers — to account for their
actions. The potential for violence is not an excuse to interfere with or disperse otherwise
peaceful assemblies (see A/HRC/29/25, para. 41).
14.
States must also protect the exercise of these rights from interference by businesses
and other private actors. States must ensure that civil laws relating to defamation and libel
are not misused to repress the exercise of these rights. States should protect against the
repression of legitimate advocacy by private security enterprises, and States may not cede
their own law enforcement responsibilities to such enterprises or other private actors.
Framework principle 6
States should provide for education and public awareness on
environmental matters.
Commentary
15.
States have agreed that the education of the child shall be directed to, among other
things, the development of respect for human rights and the natural environment. 11
Environmental education should begin early and continue throughout the educational
process. It should increase students’ understanding of the close relationship between
humans and nature, help them to appreciate and enjoy the natural world and strengthen their
capacity to respond to environmental challenges.
16.
Increasing the public awareness of environmental matters should continue into
adulthood. To ensure that adults as well as children understand environmental effects on
their health and well-being, States should make the public aware of the specific
environmental risks that affect them and how they may protect themselves from those risks.
9
10
11
10
See Universal Declaration of Human Rights, arts. 19–20; International Covenant on Civil and
Political Rights, arts. 19 and 21–22.
See Declaration on Human Rights Defenders, arts. 9 (4) and 13.
See Convention on the Rights of the Child, art. 29.
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