A/HRC/25/53
the right to life that occurred as a result of natural disasters and also as a result of improper
maintenance of a municipal rubbish tip that caused a massive explosion.15
20.
Many sources, including the Human Rights Council, the Committee on Economic,
Social and Cultural Rights, the special rapporteurs, the African Commission and the
European Committee of Social Rights have identified environmental threats to the right to
the enjoyment of the highest attainable standard of physical and mental health. Examples
include the improper disposal of toxic wastes (Human Rights Council resolution 9/1;
E/CN.4/2004/46, para. 79), exposure to radiation and harmful chemicals (Committee on
Economic, Social and Cultural Rights, general comment No. 14 (2000), para. 15), oil
pollution (African Commission, Ogoniland case, para. 54), and large-scale water
pollution.16
21.
In addition, many sources have identified environmental threats to the right to an
adequate standard of living and its components. For example, the Committee on Economic,
Social and Cultural Rights has identified the improper use of pesticides as a threat to the
right to food,17 while the Special Rapporteur on the right to food has found that right to be
threatened by pollution and habitat loss (A/67/268, paras. 17–19). The Special Rapporteur
on hazardous substances and wastes has indicated that waste from extractive industries can
infringe the right to water (A/HRC/21/48, para. 39), and the Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living, and on the
right to non-discrimination in this context has described how that right is threatened by
climate change (A/64/255).
22.
Indeed, special rapporteurs have explained how climate change threatens a wide
range of rights, including the rights to health, water and food.18 An OHCHR report
describes the implications of climate change for those rights and others, including the right
of self-determination for peoples living in small island States (A/HRC/10/61). The Human
Rights Council took note of the report and expressed its concern that “climate change poses
an immediate and far-reaching threat to people and communities around the world and has
adverse implications for the full enjoyment of human rights” (resolution 18/22).
23.
The Human Rights Council has recognized that “environmental damage is felt most
acutely by those segments of the population already in vulnerable situations”
(resolution 16/11). The sources reviewed provide examples of environmental harm that
particularly affects such groups. For example, the Committee on the Elimination of
Discrimination against Women has identified many types of environmental harm, including
natural disasters, climate change, nuclear contamination and water pollution, that can
adversely affect rights protected under the Convention on the Elimination of All Forms of
Discrimination against Women.19 The Special Rapporteur on hazardous substances and
wastes has highlighted the particular dangers that exposure to mercury through artisanal
mining poses to women in respect of their right to health (A/HRC/21/48, paras. 32, 33).
24.
The rights of children, too, may be particularly affected by environmental
degradation. The Convention on the Rights of the Child states that environmental pollution
15
16
17
18
19
European report, pp. 4–5; and Council of Europe, Manual, pp. 35–37.
European Committee of Social Rights, complaint No. 72/2011, International Federation for Human
Rights (FIDH) v. Greece (2013).
ICESCR report, sect. II.
Report on special procedures, sect. II. See also the joint statement by the special procedures mandate
holders regarding the United Nations Climate Change Conference, available at
http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=9667&LangID=E.
Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) report,
sect. II.
7
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