A/HRC/43/53
interim protection measures, and levy fines and administrative sanctions to eliminate or
mitigate environmental damage.
35.
The third element of ensuring access to justice cases involving the right to a healthy
environment is the Constitutional Chamber of the Supreme Court, which has applied this
right to a wide range of cases involving mineral concessions, aerial pesticide spraying, toxic
substances, deforestation, ecotourism, the protection of national parks, timber harvesting in
the habitat of endangered species, and groundwater pollution.
36.
Under Indonesian law (Act 32/2009 regarding Environmental Protection and
Management), every person has the rights of access to information, to participate in
environmental decisions and to effective remedies if they are harmed by environmental
degradation. The Supreme Court has adopted policies that require all environmental cases to
be handled by a judge with environmental certification (obtained through specialized
training).
37.
When access to justice and/or effective remedies are denied at the national level,
regional courts, tribunals and committees can play an important role. Cases involving the
right to a healthy environment have been decided by the African Commission on Human and
Peoples’ Rights,11 the Inter-American Court of Human Rights,12 the European Court of
Human Rights,13 the European Committee of Social Rights14 and the Aarhus Convention
Compliance Committee.
C.
Substantive elements
1.
Clean air
38.
Nine out of 10 people globally live in areas that do not meet World Health
Organization guidelines for air quality. Air pollution causes 7 million premature deaths
annually, including 600,000 children under the age of 5. More than 2 billion people still rely
on polluting cooking systems.
39.
To protect the clean air component of the right to a healthy environment, States must
take seven key steps, including (a) monitor air quality and impact on human health; (b) assess
sources of air pollution; (c) make information publicly available, including public health
advisories; (d) establish air quality legislation, regulations, standards and policies; (e)
develop air quality action plans at the local, national and, if necessary, regional levels; (f)
implement air quality action plans, and enforce the standards; and (g) evaluate progress and,
if necessary, strengthen plans to ensure that the standards are met (A/HRC/40/55). As the
good practices described below show, many States are making dedicated efforts to improve
air quality and to protect their peoples’ right to live in a healthy and sustainable environment
(For additional good practices that relate to clean air, such as phasing out coal, accelerating
renewable electricity generation and shifting to zero emission transportation, see paras. 48–
72 below).
40.
Many States are establishing or improving air quality monitoring networks, including
Azerbaijan, the Plurinational State of Bolivia, Jordan, Kuwait, Lebanon, Mali, Morocco and
Qatar.
41.
North Macedonia has a public air quality portal containing information on measures
to improve air quality, sustainable transport, cleaner domestic heating practices, alert
thresholds set for certain pollutants, and health advice from the institute of public health. The
portal also provides information on air quality monitoring, legislation and policies, projects,
and emission inventories.
11
12
13
14
8
Social and Economic Rights Action Centre and Centre for Economic and Social Rights v. Nigeria
(communication No. 155/96), 2001.
Advisory Opinion OC-23-17, 15 November 2017.
Tatar v. Romania, Application No. 67021/01, Judgment, 27 January 2009, paras. 107 and 112.
Marangopoulos Foundation for Human Rights v. Greece, Complaint No. 30/2005, Decision on the
Merits, 6 December 2006, para. 195.
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