Recognition, application, and realisation of the human right to a clean, healthy and sustainable environment through the national, regional, and universal systems

Recognition, application, and realisation of the human right to a clean, healthy and sustainable environment through the national, regional, and universal systems.

By Ana Elena Campos Jiménez

1. Introduction

Recognising the the human right to a clean, healthy and sustainable environment has profound implications and direct consequences for member states, influencing their policies, governance frameworks, and societal well-being[1].

In this regard, through legal and policy frameworks, member states are compelled to integrate the right to a healthy environment into their legal and policy frameworks, ensuring that environmental considerations are fundamental in decision-making processes[2].

Furthermore, governments are obliged to enact and enforce laws that protect peoples' rights to a healthy environment, including regulations on pollution control, access to clean water, sanitation, and conservation of natural resources[3].

Moreover, recognising the right to a healthy environment directly impacts public health. Member states are urged to mitigate environmental risks that could lead to health issues, such as air and water pollution, exposure to hazardous substances, and inadequate waste management. Ensuring a healthy environment improves health outcomes, reduces healthcare costs, and enhances quality of life[4].

Another essential aspect is environmental justice and equity . Upholding the right to a healthy environment requires addressing environmental injustices and ensuring that vulnerable and marginalised communities have equal access to a clean and safe environment. Member states must consider the equitable distribution of environmental benefits and burdens, avoiding disproportionate impacts on disadvantaged populations[5].

At a more global scale, the right to a healthy environment aligns with several Sustainable Development Goals (SDGs), influencing member states' efforts to achieve goals related to clean water and sanitation (SDG 6), sustainable cities and communities (SDG 11), and climate action (SDG 13), among others. Member states are encouraged to adopt holistic approaches to development that balance environmental conservation with social and economic progress[6].

At the same time, the SDGs commitments lead to the government's environmental responsibility and accountability . States are accountable for environmental protection and preservation, leading to greater transparency, accountability, and responsibility in addressing environmental challenges. Governments may face legal consequences or international scrutiny if they fail to uphold the right to a healthy environment, potentially impacting their international standing and relations[7].

Realising the human right to a clean, healthy and sustainable environment helps climate change mitigation and adaptation. Recognising the right to a healthy environment necessitates proactive measures to mitigate and adapt to climate change. Member states are expected to implement policies and strategies that reduce greenhouse gas emissions, protect ecosystems, and build resilience to climate impacts[8].

In essence, acknowledging the human right to a clean, healthy and sustainable environment places a moral and legal obligation on member states to safeguard environmental integrity, protect citizens' health, and promote sustainable development, fostering a more equitable and resilient society[9].

2. National legal systems, tools and mechanisms for the realisation of the human right to a clean, healthy and sustainable environment.

The application of the human right to a clean, healthy and sustainable environment varies significantly among member states due to differing legal systems, cultural contexts, levels of development, and political priorities. While some countries have explicitly recognised this right in their constitutions or legal frameworks, others might indirectly address it through environmental laws or broader human rights protections[10].

Some explicitly recognised countries include France, Costa Rica, and South Africa. For instance, France has recognised the right to a healthy environment in its constitution (Article 1), emphasising the duty to protect biodiversity and the environment for current and future generations[11].

Similarly, Costa Rica has a constitutional provision acknowledging the right to a healthy environment. The country's legal framework emphasises environmental protection, biodiversity conservation, and sustainable development. Finally, the South African Constitution includes provisions that guarantee the right to an environment that is not harmful to health or well-being. Courts in South Africa have used these provisions to enforce environmental rights[12].

Some countries with indirect or implied protections include the USA, China, and India. While the US lacks explicit federal recognition of the right to a healthy environment, various laws address environmental protection, pollution control, and public health. Some state constitutions and statutes provide environmental rights protections at the regional level[13].

Moreover, China's legal framework indirectly addresses environmental protection and the right to a healthy environment through laws regulating pollution, conservation, and sustainable development. Recent amendments have emphasised ecological civilisation and environmental rights[14].

Furthermore, the Indian legal system recognises the right to a healthy environment through judicial interpretations and environmental laws. The Indian Constitution, although not explicitly mentioning this right, includes environmental protection and sustainable development provisions[15].

As examples of international and regional mechanisms, the European Union emphasises environmental protection through directives, regulations, and the European Convention on Human Rights. The Charter of Fundamental Rights of the European Union includes provisions related to environmental protection and the right to life[16].

The African Charter on Human and Peoples' Rights recognises the right to a satisfactory environment as part of a generally satisfactory environment favourable to development[17].

While some countries explicitly recognise the right to a healthy environment, others indirectly address it through broader environmental laws or international human rights and environmental conventions. The enforcement and implementation of these rights vary, influenced by political will, judicial interpretations, public awareness, and the effectiveness of institutional mechanisms within each country[18].

Realising the human right to a clean, healthy and sustainable environment requires a multifaceted approach involving various tools and mechanisms at legal, policy, institutional, and societal levels through the following tools.

The legislation and legal frameworks include constitutional recognition, environmental laws,and judicial remedies. By explicitly enshrining the right to a healthy environment in national constitutions provides a solid legal foundation for environmental protection.

On the other hand, implementing comprehensive environmental laws that regulate pollution, conservation, waste management, and natural resource use is crucial for safeguarding environmental quality.

Finally, thejudicial remediesare accessible and effective legal mechanisms, including courts and tribunals, enable individuals and communities to seek redress for environmental harm and enforce their rights[19].

Some of the policy instruments includeNational Environmental Policiesandintegrated planning.Developing and implementing policies prioritising environmental protection, sustainability, and climate action aligns governmental actions with realising the right to a healthy environment. Furthermore incorporating environmental considerations into development plans, land use policies, and urban planning ensures that environmental impacts are assessed and mitigated in decision-making processes[20].

TheInstitutional Mechanismsfor the realisation of the HR2HE include the work of Environmental Agencies and Authorities and Public Participation.Establishing specialised agencies or departments dedicated to environmental management, monitoring, and enforcement helps oversee compliance with environmental regulations, encouraging public engagement in environmental decision-making and empowering communities to contribute to policy development and environmental governance[21].

The role of Education and Awarenessis also essential. Promoting environmental education and awareness from an early age fosters a culture of environmental stewardship and responsibility among citizens. Also, ensuring access to accurate and comprehensive environmental information empowers individuals to make informed decisions and rightfully advocate for environmental protection[22].

Moreover, Global and Regional Agreementsfacilitate participation in international environmental agreements and treaties through collaboration, knowledge sharing, and joint actions to address transboundary environmental issues[23].

Another fundamental element is Civil Society Engagement.NGOs and Advocacy Groups are crucial in advocating for environmental rights, monitoring compliance, and holding governments accountable for environmental actions. At the same time, community involvement allows local communities to participate in environmental decision-making processes, strengthening bottom-up approaches to environmental protection. In the end, local communities are the ones to implement environmental measures most actively[24].

Finally, there is a need to continue improving and using Technological Innovations and Researchthrough Sustainable ("Green") Technologies. Investing in and promoting sustainable technologies and innovations reduces environmental impacts and advances sustainability[25].

Hence, realising the human right to a clean, healthy and sustainable environment requires a combination of legal frameworks, policies, education, institutional structures, international cooperation, and active citizen participation. These tools work synergistically to protect ecosystems, preserve natural resources, mitigate environmental degradation, and ensure the well-being of current and future generations[26].

Unfortunately, applying the human right to a clean, healthy and sustainable environment comes with difficulties due to solid economic interests and inequality of power; therefore, there is a need to know and utilise regional and international platforms[27].

3. Human Rights regional systems and their role in the realisation of the human right to a clean, healthy and sustainable environment

Beyond the national mechanisms for realising the human right to a clean, healthy and sustainable environment, regional human rights systems play a crucial role in advancing and safeguarding it. These systems, such as the European Court of Human Rights (ECHR), the Inter-American Court of Human Rights (IACtHR), and the African Court on Human and Peoples' Rights (AfCHPR), have an essential impact on the realisation of environmental rights within their respective regions[28].

In this regard, Legal FrameworkandJurisprudenceare essential. Regional human rights bodies interpret and apply existing human rights treaties and conventions within their jurisdictions, providing authoritative interpretations of the right to a healthy environment. Furthermore, landmark cases and judgments by these bodies contribute to developing legal standards and principles related to environmental protection and the right to a healthy environment[29].

At the same time, regional systems provide mechanisms for individuals and groups to seek redress for environmental rights violations, facilitating Enforcement and Accountability. This avenue strengthens accountability and ensures that states adhere to their obligations concerning environmental protection. By issuing binding decisions, these bodies hold states accountable for their environmental policies, practices, and failures to protect citizens' right to a healthy environment[30].

Regional systems can also complement and reinforce global human rights frameworks, such as the Universal Declaration of Human Rights and international treaties. They often offer additional protections and avenues for seeking remedies specific to regional contexts. In this regard, the national, regional, and universal systems constantly complement and feed each other[31].

This feedback guidesthe States' Obligations.Decisions and recommendations by regional human rights bodies guide member states in fulfilling their obligations to protect and promote the right to a healthy environment. This guidance informs state policies, legislation, and enforcement mechanisms[32].

A fundamental aspect of the regional human rights systems is promoting environmental justice by addressing environmental harm disproportionately affecting marginalised communities. Regional human rights systems ensure that vulnerable populations, particularly indigenous peoples, can access legal recourse and protection against environmental injustices[33].

Through monitoring and compliance mechanisms, regional bodies assess member states' compliance with human rights standards, including environmental rights. This monitoring encourages states to adhere to their obligations and implement measures to protect the environment[34].

Finally, regional systems can engage in capacity-building, training, and awareness-raising activities to promote understanding of environmental rights among stakeholders, including governments, legal professionals, civil society, and the public[35].

Overall, regional human rights systems serve as crucial mechanisms for upholding and advancing the human right to a clean, healthy and sustainable environment. They shape legal standards, provide remedies, ensure accountability, and promote environmental justice within specific regional contexts, thus fostering environmental protection and sustainability[36].

4. United Nations system's role in advancing the realisation of the human right to a clean, healthy and sustainable environment

Finally, at the universal or multilateral level, the United Nations (UN) system plays a pivotal role in advancing the realisation of the human right to a clean, healthy and sustainable environment through various agencies, mechanisms, and initiatives[37].

The UN contributes to this endeavour through Global Advocacy and Norm Setting. The UN serves as a global advocate for environmental protection and sustainability, highlighting the importance of the right to a healthy environment in various forums, such as the General Assembly and specialised agencies like the United Nations Environment Programme (UNEP)[38].

The UN system sets international norms and standards through conventions and declarations that recognise the intrinsic link between human rights and a healthy environment, such as the Universal Declaration of Human Rights and the Paris Agreement on climate change[39].

Furthermore, through the UN Human Rights Mechanisms, UN bodies, including the Human Rights Council, Special Rapporteurs, and Treaty Bodies, address environmental rights within their mandates. They monitor and report on states' compliance with international human rights obligations related to the environment.Special Rapporteurs on human rights and the environment examine, report, and make recommendations on the interconnection between human rights and environmental issues, advocating for protecting environmental defenders and affected communities[40].

Another role of the United Nations is theEnvironmental Governance and Coordination.Agencies like UNEP coordinate international environmental efforts, promoting sustainable development and environmental protection worldwide. They provide technical assistance, policy guidance, and capacity-building support to member states to address environmental challenges[41].

At the same time, the UN Framework Convention on Climate Change (UNFCCC) facilitates global cooperation on climate action, aiming to limit global temperature rise and mitigate climate-related risks[42]. The United Nations Convention to Combat Desertification (UNCCD) promotes practices that avoid, reduce and reverse land degradation and are the driving force behind Sustainable Development Goal 15 and Land Degradation Neutrality[43].

The UN also supports and facilitates the development and implementation of international environmental agreements, treaties, conventions, and protocols that protect the environment and human rights, such as the Convention on Biological Diversity [44] and the Stockholm Convention on Persistent Organic Pollutants, to mention two out of the 250+ existing multilateral environmental agreements (MEAs)[45].

Furthermore, The UN's 2030 Agenda for Sustainable Development, encompassing 17 SDGs, explicitly recognises the interdependence between human rights and environmental sustainability. Several goals, including Goal 6 (Clean Water and Sanitation), Goal 11 (Sustainable Cities), Goal 13 (Climate Action), and Goal 15 (Life on Land), directly contribute to the realisation of the right to a healthy environment[46].

The UN also supports capacity-building efforts, knowledge sharing, and technical assistance to member states, fostering their ability to address environmental challenges, enhance resilience, and protect peoples' environmental rights[47].

Therefore, through its various agencies, treaties, advocacy efforts, and sustainable development initiatives, the United Nations system actively promotes the recognition, protection, and realisation of the human right to a clean, healthy and sustainable environment on a global scale.

5. Conclusion

Recognising and realising the human right to a clean, healthy and sustainable environment is crucial for several reasons. Firstly, a healthy environment is fundamental to human well-being and quality of life. Access to clean air, water, food, and a safe habitat are essential for individuals to lead healthy and fulfilling lives.

Moreover, acknowledging this right establishes a legal and moral framework for environmental protection. It empowers individuals, communities and indigenous peoples to advocate for and demand environmental policies that safeguard their health and the well-being of future generations.

Additionally, the interconnectedness of human rights and the environment is undeniable. Environmental degradation disproportionately affects marginalised communities, exacerbating social inequalities and violating their right to a healthy life. By recognising this right, we acknowledge the intrinsic link between a clean environment and other fundamental human rights, such as the rights to life, health, and an adequate standard of living.

Furthermore, embracing the human right to a clean, healthy and sustainable environment promotes sustainable development. It encourages responsible stewardship of natural resources, fostering conservation efforts and sustainable practices that benefit current and future generations.

In conclusion, recognising and realising the human right to a clean, healthy and sustainable environment is imperative as it ensures individual well-being and serves as a cornerstone for environmental conservation, social justice, and sustainable development on a global scale, leaving no one behind.

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