A/HRC/37/59
through representative bodies. With respect to proposals for specific projects or activities,
States should inform the affected public of their opportunities to participate at an early
stage of the decision-making process and provide them with relevant information, including
information about: the proposed project or activity and its possible impacts on human rights
and the environment; the range of possible decisions; and the decision-making procedure to
be followed, including the time schedule for comments and questions and the time and
place of any public hearings.
26.
States must provide members of the public with an adequate opportunity to express
their views, and take additional steps to facilitate the participation of women and of
members of marginalized communities (framework principle 14). States must ensure that
the relevant authorities take into account the expressed views of the public in making their
final decisions, that they explain the justifications for the decisions and that the decisions
and explanations are made public.
Framework principle 10
States should provide for access to effective remedies for violations of
human rights and domestic laws relating to the environment.
Commentary
27.
The obligations of States to provide for access to judicial and other procedures for
effective remedies for violations of human rights 15 encompass remedies for violations of
human rights relating to the environment. States must therefore provide for effective
remedies for violations of the obligations set out in these framework principles, including
those relating to the rights of freedom of expression, association and peaceful assembly
(framework principle 5), access to environmental information (framework principle 7) and
public participation in environmental decision-making (framework principle 9).
28.
In addition, in connection with the obligations to establish, maintain and enforce
substantive environmental standards (framework principles 11 and 12), each State should
ensure that individuals have access to effective remedies against private actors, as well as
government authorities, for failures to comply with the laws of the State relating to the
environment.
29.
To provide for effective remedies, States should ensure that individuals have access
to judicial and administrative procedures that meet basic requirements, including that the
procedures: (a) are impartial, independent, affordable, transparent and fair; (b) review
claims in a timely manner; (c) have the necessary expertise and resources; (d) incorporate a
right of appeal to a higher body; and (e) issue binding decisions, including for interim
measures, compensation, restitution and reparation, as necessary to provide effective
remedies for violations. The procedures should be available for claims of imminent and
foreseeable as well as past and current violations. States should ensure that decisions are
made public and that they are promptly and effectively enforced.
30.
States should provide guidance to the public about how to seek access to these
procedures, and should help to overcome obstacles to access such as language, illiteracy,
expense and distance. Standing should be construed broadly, and States should recognize
the standing of indigenous peoples and other communal landowners to bring claims for
violations of their collective rights. All those pursuing remedies must be protected against
reprisals, including threats and violence. States should protect against baseless lawsuits
aimed at intimidating victims and discouraging them from pursuing remedies.
15
See, for example, Universal Declaration of Human Rights, art. 8; International Covenant on Civil and
Political Rights, art. 2 (3).
13
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