A/HRC/25/53
46.
Despite differences in the language setting out the general obligations, however,
they have given rise to remarkably similar interpretations when applied to environmental
issues. Although the contours of the specific environmental obligations are still evolving,
some of their principal characteristics have become clear. In particular, States have
obligations (a) to adopt and implement legal frameworks to protect against environmental
harm that may infringe on enjoyment of human rights; and (b) to regulate private actors to
protect against such environmental harm.
1.
Obligation to adopt and implement legal framework
47.
States have obligations to adopt legal and institutional frameworks that protect
against, and respond to, environmental harm that may or does interfere with the enjoyment
of human rights. These obligations have been derived from a number of human rights,
including the rights to life and health.
48.
The Human Rights Committee has long held the view that the right to life protected
by the International Covenant on Civil and Political Rights “cannot properly be understood
in a restrictive manner, and the protection of this right requires that States adopt positive
measures” (general comment No. 6 (1982) on the right to life, para. 5). Although the
Committee has not described in detail the steps required to protect the right to life from
environmental harm, other human rights bodies have. In particular, the European Court has
held that States have a primary duty to put in place a legislative and administrative
framework that protects against and responds to infringements of the right to life as a result
of natural disasters and of dangerous activities, including the operation of chemical
factories and waste-collection sites.41 The Inter-American Commission on Human Rights
has also urged States to adopt environmental protection measures in order to comply with
their obligations to protect rights, including the rights to life and health.42
49.
With respect to the right to health, the International Covenant on Economic, Social
and Cultural Rights (art. 12, para. 2(b)) provides that the steps to be taken by States to
achieve the full realization of that right “shall include those necessary for… the
improvement of all aspects of environmental and industrial hygiene”. Interpreting this
language in its general comment No. 14 (2000), the Committee on Economic, Social and
Cultural Rights has stated that “the right to health embraces a wide range of socioeconomic
factors that promote conditions in which people can lead a healthy life, and extends to the
underlying determinants of health, such as… a healthy environment” (para. 4). The
Committee has interpreted the phrase “the improvement of all aspects of environmental and
industrial hygiene” in article 12.2(b) to include “the prevention and reduction of the
population’s exposure to harmful substances such as radiation and harmful chemicals or
other detrimental environmental conditions that directly or indirectly impact upon human
health” (para. 15). To that end, States are required to adopt measures against environmental
health hazards, including by formulating and implementing policies “aimed at reducing and
eliminating pollution of air, water and soil” (para. 36). Where environmental harm to
human rights occurs, including from natural disasters, States are obliged to respond by
assisting the victims.43
41
42
43
Council of Europe, Manual, pp. 18, 36–40. See, for example, Öneryıldız v. Turkey, No. 48939/99, 30
November 2004; and Budayeva and others v. Russia, No. 15339/02, 20 March 2008. The European
Court has also derived such an obligation from the right to private and family life; see Tatar v.
Romania, No. 67021/01, 6 July 2009, para. 88.
See Inter-American report, sect. III.B.
See generally ICESCR report, sect. III.B.
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