A/HRC/25/53
mechanisms that allow defenders to communicate their grievances, claim responsibilities,
and obtain effective redress for violations, without fear of intimidation (A/68/262,
paras. 70–73). Other special rapporteurs, including those for housing, education, and
hazardous substances and wastes, have also emphasized the importance of access to
remedies within the scope of their mandates.36
42.
At the regional level, the European Court has stated that individuals must “be able to
appeal to the courts against any decision, act or omission where they consider that their
interests or their comments have not been given sufficient weight in the decision-making
process.”37 More generally, the Inter-American Commission on Human Rights and the
Inter-American Court of Human Rights have stated that the American Convention on
Human Rights requires States to provide access to judicial recourse for claims alleging the
violation of their rights as a result of environmental harm.38 The Court of Justice of the
Economic Community of West African States has stressed the need for the State to hold
accountable actors who infringe human rights through oil pollution, and to ensure adequate
reparation for victims.39
43.
International environmental instruments support an obligation to provide for
effective remedies. Principle 10 of the Rio Declaration states: “Effective access to judicial
and administrative proceedings, including redress and remedy, shall be provided.” Many
environmental treaties establish obligations for States to provide for remedies in specific
areas. For instance, the United Nations Convention on the Law of the Sea requires States to
ensure that recourse is available within their legal systems to natural or juridical persons for
prompt and adequate compensation or other relief for damage caused by pollution of the
marine environment (art. 235). Some agreements establish detailed liability regimes; a
leading example is the International Convention on Civil Liability for Oil Pollution
Damage.40
B.
Substantive obligations
44.
States have obligations to protect against environmental harm that interferes with the
enjoyment of human rights. As section II explains, environmental harm may threaten a very
broad spectrum of human rights, including the rights to life and health. The content of
States’ specific obligations to protect against environmental harm therefore depends on the
content of their duties with respect to the particular rights threatened by the harm.
45.
Those duties may vary from right to right. For example, States have general
obligations to respect and ensure rights under the International Covenant on Civil and
Political Rights (art. 2, para. 1), the Convention on the Rights of the Child (art. 2, para. 1)
and the American Convention on Human Rights (art. 1), to take steps towards the full
realization of the rights recognized in the International Covenant on Economic, Social and
Cultural Rights, to secure the rights in the European Convention on Human Rights (art. 1),
and to recognize and give effect to the rights in the African Charter (art. 1). When
environmental harm threatens or infringes the enjoyment of a right protected by one or
more of these agreements, States’ general obligations relating to the right (e.g. to respect
and ensure it, or to take steps towards its full realization) apply with respect to the
environmental threat or infringement.
36
37
38
39
40
12
Report on special procedures, sect. III.A.3.
Taşkin v. Turkey, para. 119.
Inter-American report, sect. III.A.3.
SERAP v. Nigeria, para. 97.
See generally MEA report, sect. III.A.3.
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