A/HRC/25/53
Charter on Human Rights, the ASEAN Human Rights Declaration, and the European Social
Charter.11
14.
The fourth category covers international environmental instruments. It includes a
report on global and regional environmental agreements, a report on non-binding
environmental declarations, and a report on the Convention on Access to Information,
Public Participation in Decision-Making and Access to Justice in Environmental Matters
(Aarhus Convention). These instruments include duties owed to individuals that sometimes
correspond to, and reveal practice consistent with, human rights obligations.
15.
Each of the 14 individual reports follows the same template. After an introduction
that describes its scope, the report sets out the human rights threatened by environmental
harm, and the human rights obligations identified by the source relating to environmental
protection. The obligations are organized into three sections: procedural obligations,
substantive obligations, and obligations relating to members of groups in vulnerable
situations. Finally, the report examines cross-cutting issues, such as transboundary
environmental harm and the role of non-State actors.
16.
The following sections summarize the findings of the subsidiary reports. Section III
describes human rights threatened by environmental harm and section IV sets out human
rights obligations relating to environmental protection, as identified by the sources
reviewed.
III. Human rights threatened by environmental harm
17.
In his first report, the Independent Expert stated that one “firmly established” aspect
of the relationship between human rights and the environment is that “environmental
degradation can and does adversely affect the enjoyment of a broad range of human rights”
(A/HRC/22/43, para. 34). As the Human Rights Council itself has stated, “environmental
damage can have negative implications, both direct and indirect, for the effective
enjoyment of human rights” (resolution 16/11). The mapping project provides
overwhelming support for this statement. Virtually every source reviewed identifies rights
whose enjoyment is infringed or threatened by environmental harm.
18.
For example, in the universal periodic review process, 45 States discussed the right
to a healthy environment as recognized in their constitutions, and several identified threats
to the enjoyment of this right, including climate change, desertification, and particular
mining operations.12 In addition, African tribunals have held that large-scale oil
development infringed the right to a satisfactory environment as protected by the African
Charter.13
19.
The Human Rights Committee has asked States to describe measures they have
taken to protect the right to life from the risk of nuclear disaster and other environmental
pollution.14 This right, like others, can be affected by natural causes as well as by human
actions: the European Court of Human Rights has decided cases involving infringement of
11
12
13
14
6
Individual report on the African Charter, the Arab Charter, the ASEAN Human Rights Declaration
and the European Social Charter (Regional agreements report).
Individual report on the General Assembly and the Human Rights Council, including the universal
periodic review process, sect. III.A.
Communication No. 155/96, Social and Economic Rights Action Centre v. Nigeria (Ogoniland case);
SERAP v. Nigeria, Court of Justice of the Economic Community of West African States, Judgement
No. ECW/CCJ/JUD/18/12 (14 December 2012).
International Covenant on Civil and Political Rights (ICCPR) report, sect. II.
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