The document discusses the idea of recognizing a human right to a healthy environment. It provides background on international agreements and jurisprudence that have linked human rights and environmental protection. It outlines three approaches to understanding this relationship and argues that a rights-based approach focusing on individual rights and state obligations is most effective. The document also references a recent UN report that opened debate on recognizing an independent right to a healthy environment.

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A Human Right to Environment
Maastricht University, 8 February 2012
Jan van de Venis
Chair, Stand Up For Your Rights (.org en info@)
Attorney-at-law, JustLaw - Corporate Law and Human Rights
Jan@JustLaw.nl

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Questions?
• Is it “Human Rights and the Environment”?
…or is “Environment” a Human Right?
• So, should we speak of a “Human Right to Environment”?

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International Binding and Non-Binding
• 1948 Universal Declaration on Human Rights
• 1966 ICCPR and ICESCR
• 1979 CEDAW
• 1989 CRC - Convention on the Rights of the Child
• 1992 Rio Declaration - referring to Stockholm Declaration
• 1998 Aarhus Convention
• 2005 UN SG Report on rel. Human Rights and the Environment
• 2007 UN GA Declaration on Rights of Indigenous Peoples
• 2008 UN OHCHR research Climate Change and Human Rights
• 2010 UN GA Resolution 4/157 Affirms...requires...realisation...right of
every person and all peoples to a healthy environment."
• 2011-12 UN OHCHR research Human Rights and the Environment

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Regional
• 1950 European Convention on Human Rights
• 1981 African Charter on Human and Peoples’ Rights
• 1988 American Convention on Human Rights in the
area of Economic Social and Cultural Rights add.
Protocol San Salvador
• Change in ECHR?

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Jurisprudence - International
• UN HR Council and predecessor Commission
• UN HR Committee
• UN ESCR Committee
• ICJ

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Jurisprudence - Regional
• African Commission
• Inter-American Commission and Court
• European Court on Human Rights art. 2 and 8 ECHR
Start with Lopez Ostra v. Spain and Guerra v. Italy
Recently Budayeva v. Russia and Bacila v Rumania
• European Committee on Social Rights "Marangopoulos"

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National Law and Jurisprudence
• More than 100 constitutions
Some proclaim a duty of care for the government, some create an
individual right
Like Brazil, article 225 FC:
“Everyone has the right to an ecologically balanced environment,
which is an asset of common use and essential to a healthy quality of
life, and both the Government and the community shall have the duty
to defend and preserve it for present and future generations.”
• Much local case law

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Three Approaches
1. Environmental protection is a pre-condition to the
enjoyment of internationally guaranteed human rights,
especially the rights to life and health
2. Certain human rights are essential elements to
achieving environmental protection, which has as a
principal aim the protection of human health
3. Links between human rights and the environment are
indivisible and inseparable. Thus posits the right to a
safe and healthy environment as an independent
substantive human right

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Why a Rights-Based Approach?
• Focus on individuals, not on States
• Rights are connected with obligations. Creation of both
rights and duties and more awareness for individuals,
business and States
• Linking of local, regional and global issues. A local threat
or disruption easily turns into an international issue
• (Inter)national access to Court
• Individuals have rights where individuals get hurt by
disruption of the environment
• Human rights claims are absolute (no lobby, negotiations
or successful pressure)

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Prof. Dinah Shelton:
“The primary argument in favour of a human right
to a healthy and clean environment is that it
elevates the entire spectrum of environmental
issues to fundamental values of society, on a
level equal to other rights and superior to
ordinary legislation.”

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Very recent: UNHCR Report to HRC
Openly asks "Should the international community recognize
a new human right to a healthy environment?" (points 6.
and 10.), and opens up the debate for this 'new' right (points
11., 12., 13. and 31.).
Conclusions (points 78., 79. and 80.) it says:
"...raise question on the need for and the potential content
of a right to a healthy environment...
…and how to implement a rights-based approach to the
negotiation and implementation of multilateral
environmental agreements...

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Very recent: UNHCR Report to HRC
...and how to monitor the implementation of human rights
treaties that recognize the right to a healthy environment or
interconnected rights."
And Recommendations…
"…This analysis and information generally is key to enable
the Human Rights Council to provide guidance to the
international community in regard to the pressing human
rights challenges facing humanity in the twenty-first century,
including the recognition of a general right to a healthy
environment."
Document A/HRC/19/34
http://www2.ohchr.org/english/bodies/hrcouncil/19session/reports

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Next Step?
To conceive and acknowledge a binding international
human right to a healthy and clean environment
Would you like to monitor developments and push change?
www.RightToEnvironment.org
and soon
www.RightToNature.org

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Budayeva v. Russia
Russia violated its positive obligation to protect the
right to life under art 2 of the European Convention on
Human Rights by failing to:
• establish legislative and administrative frameworks
to deter any threat to the right to life; and
• provide an adequate judicial response following
alleged infringements of the right to life.