A/HRC/19/34
include such elements as accessibility, habitability and adequate location, generally
requiring that housing should not be built on environmentally polluted sites.
58.
The Committee has also clarified the linkages between environmental safety and the
realization of the right to adequate food. In general comment No. 12 (1999) on the right to
adequate food, the Committee stated that the realization of the right to adequate food
requires the State party to adopt “appropriate economic, environmental and social policies”.
These policies are crucial to ensuring that food is “free from adverse substances” resulting
from contamination through inadequate environmental hygiene. It is also important to note
that climate change, the productivity of land, and other natural resources were also
mentioned in general comment No. 12, and that these elements are inextricably linked to
environmental health of soils and water.
59.
In general comment No. 14 (2000) on the right to the highest attainable standard of
health, the Committee on Economic, Social and Cultural Rights elaborates on the right to
health and its underlying determinants, including a clean environment. The International
Covenant on Economic, Social and Cultural Rights itself includes text pertaining to issues
of environmental and industrial hygiene in the workplace. In this connection, the promotion
of “social determinants of good health”, such as environmental safety, help control and
prevent infectious diseases. Lastly, general comment No. 14 calls on States parties to
formulate national policies with the objective of “reducing and eliminating pollution of air,
water and soil, including pollution by heavy metals such as lead from gasoline.”
60.
The Committee on Economic, Social and Cultural Rights has acknowledged that
there is a human right to water, which is vital to human dignity, and the realization of
human rights, particularly the right to an adequate standard of living articulated in article 11
of the Covenant (general comment No. 15 (2002) on the right to water). In general
comment No. 15, the Committee explicitly linked the right to water to environmental
concerns, observing that adequate water supplies are those which are “free from microorganisms, chemical substances and radiological hazards” as well as having “an acceptable
colour, odour and taste for each personal and domestic use”. Thus, enjoyment of the right to
adequate water depends on the environmental purity of the water.
61.
Another important area linking human rights and environment is cultural goods and
services that relate to the environment. The Committee on Economic, Social and Cultural
Rights has stated in general comment No. 21 (2009) on the right of everyone to take part in
cultural life that the availability of cultural goods is necessary for the realization of the right
to take part in cultural life. Among many cultural goods and services are “nature’s gifts”
and States parties are obligated to protect “nature’s gifts” from degradation and destruction
in order to honour the right to cultural life. Indigenous peoples also have the right to “act
collectively to ensure respect for their right to maintain, control, protect and develop their
cultural heritage”, which includes their understanding of plants and animals and genetic
resources. This right requires States parties to respect the principle of “free, prior and
informed consent” of indigenous communities.
62.
The Human Rights Committee has also contributed to clarifying certain dimensions
of the human rights and environment linkage. For example, its case law on indigenous
peoples’ rights, including the right to enjoy their own culture, has been key to the
elaboration of standards for effective consultations. 7 Similarly, its recent general comment
No. 34 (2011) on article 19 explicitly recognizes the right of access to information, which is
7
See, for example, Ominayak and the Lubicon Lake Band v. Canada, communication No. 167/1984,
26 March 1990); Apirana Mahuika et al. v. New Zealand, communication No. 547/1993, 27
October 2000.
13
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