A/HRC/37/59
As part of increasing public awareness, States should build the capacity of the public to
understand environmental challenges and policies, so that they may fully exercise their
rights to express their views on environmental issues (framework principle 5), understand
environmental information, including assessments of environmental impacts (framework
principles 7 and 8), participate in decision-making (framework principle 9) and, where
appropriate, seek remedies for violations of their rights (framework principle 10). States
should tailor environmental education and public awareness programmes to the culture,
language and environmental situation of particular populations.
Framework principle 7
States should provide public access to environmental information by
collecting and disseminating information and by providing affordable,
effective and timely access to information to any person upon request.
Commentary
17.
The human right of all persons to seek, receive and impart information12 includes
information on environmental matters. Public access to environmental information enables
individuals to understand how environmental harm may undermine their rights, including
the rights to life and health, and supports their exercise of other rights, including the rights
to expression, association, participation and remedy.
18.
Access to environmental information has two dimensions. First, States should
regularly collect, update and disseminate environmental information, including information
about: the quality of the environment, including air and water; pollution, waste, chemicals
and other potentially harmful substances introduced into the environment; threatened and
actual environmental impacts on human health and well-being; and relevant laws and
policies. In particular, in situations involving imminent threat of harm to human health or
the environment, States must ensure that all information that would enable the public to
take protective measures is disseminated immediately to all affected persons, regardless of
whether the threats have natural or human causes.
19.
Second, States should provide affordable, effective and timely access to
environmental information held by public authorities, upon the request of any person or
association, without the need to show a legal or other interest. Grounds for refusal of a
request should be set out clearly and construed narrowly, in light of the public interest in
favour of disclosure. States should also provide guidance to the public on how to obtain
environmental information.
Framework principle 8
To avoid undertaking or authorizing actions with environmental
impacts that interfere with the full enjoyment of human rights, States
should require the prior assessment of the possible environmental
impacts of proposed projects and policies, including their potential
effects on the enjoyment of human rights.
Commentary
20.
Prior assessment of the possible environmental impacts of proposed projects and
policies is generally required by national laws, and the elements of effective environmental
assessment are widely understood: the assessment should be undertaken as early as possible
in the decision-making process for any proposal that is likely to have significant effects on
the environment; the assessment should provide meaningful opportunities for the public to
participate, should consider alternatives to the proposal, and should address all potential
12
See Universal Declaration of Human Rights, art. 19; International Covenant on Civil and Political
Rights, art. 19.
11
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