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Human Rights and the Environment

Why are human rights relevant to the environment?

When we talk about environmental issues we tend to focus on their ecological and economic impacts. But there is now increasing international recognition of the threats that environmental degradation can present to human rights.

Such threats can be immediate, for example as a result of industrial pollution, or more long-term, such as the growing effects of climate change. They can affect a wide range of human rights, such as the right to life, the right to home and family life, and the right to food and water. Environmental protection is vital to the global fulfilment of human rights. It is essential then that governments promote and develop laws, policies and practices that protect both human rights and the environment.

Governments are bound by a wide range of international human rights law instruments and environmental law instruments which set out standards relating to the human rights. Under international human rights law the State has a responsibility to respect, protect and fulfil the human rights of the individual. This means that public bodies have both a negative obligation not to interfere with individuals’ human rights, and a positive obligation to take appropriate measures to prevent or punish violations of human rights by private bodies. 

The human rights implications of environmental threats and the measures put in place to tackle threats can, potentially, be far reaching. Well intentioned environmental policy measures may in fact worsen existing discrimination and social inequality. It is essential that government policies on the environment and climate change fully incorporate human rights into their frameworks. To achieve this the Commission promotes a human rights based approach (see below).

How are human rights affected by environmental issues?

Human beings depend on the environment around them for their physical and mental health, and general wellbeing. When that environment is threatened, our human rights are undermined. Pollution, drought and flooding are all examples of environmental problems which threaten human rights. It is the world’s poorest and most vulnerable people who will suffer the most, despite the fact that they have
contributed least to the causes of climate change. The poor are also the most vulnerable to discrimination resulting from government measures to combat environmental and climate change concerns.

This concept of 'climate justice' is being explored by academics and experts in many countries, including by the Mary Robinson Foundation - Climate Justice (link). In October 2011 Dr Robinson delivered the Magnus Magnusson Memorial lecture at Glasgow Caledonian University which highlighted many of the actions around climate justice which relate to Scotland - you can read the speech here in Word format.

In March 2012 the Human Rights Council held its 19th regular session, including adopting a resolution on Human Rights & Environment that establishes an Independent Expert on Human Rights and the Environment. This Council resolution was adopted by consensus , with more than 80 States co-sponsoring, and this decision crystallises efforts over many years from the international community. The Council's resolution establishes an institutional vehicle to advance the links between human rights and the rnvironment. The resolution establishing the new Independent Expert's mandate also includes direct and explicit reference to the Rio+20 UN Conference on Sustainable Development.

Read the resolution.

UN Conference on Sustainable Development (Rio+20)

The United Nations Conference on Sustainable Development is being organized in pursuance of General Assembly Resolution 64/236 (A/RES/64/236). The Conference will take place in Brazil on 20-22 June 2012 to mark the 20th anniversary of the 1992 United Nations Conference on Environment and Development in Rio de Janeiro, and the 10th anniversary of the 2002 World Summit on Sustainable Development in Johannesburg. The Conference will focus on two themes: (a) a green economy in the context of sustainable development and poverty eradication; and (b) the institutional framework for sustainable development. The Conference will result in a focused political document and the SHRC will took  the lead in drafting an Open letter on behalf of the ICC in relation to Rio+20, which emphasises the importance of adopting a human rights-based approach to environmental protection and sustainable development.

 

A number of specific internationally-recognised human rights are subject to environmental threats. These include:

The right to life

Individuals’ right to life may be threatened by immediate environmental threats such as pollution or flooding, or by the gradual impact of climate change on people’s health and access to food and clean water.

Where is this right protected?

Article 2, European Convention on Human Rights (‘ECHR’)

Article 6, International Covenant on Civil and Political Rights (‘ICCPR’)

Right to adequate food

Changes in temperature and rainfall as a result of climate change can cause drought, leading to crop failure and reduction in livestock.  Extreme weather can also cause severe harm to agriculture. 

Where is this right protected?

Article 11, International Covenant on Economic, Social and Cultural Rights (‘ICESCR’)

Right to water

Changes in global temperatures affect rainfall levels, which can have a drastic impact upon people’s access to drinking water and sanitation, particularly in countries where water is already scarce.  Pollution of water by industrial and other sources also interferes with the human right to water. 

Where is this right protected?

Article 11, ICESCR as interpreted by the UN Committee on Economic, Social and Cultural Rights in General Comment no.15; the UN General Assembly in Resolution of 28 July 2010; and the UN Human Rights Council in Resolution of 28 March 2008.

Right to the highest attainable standard of health

Pollution of air and water can have potentially long-lasting effects on health.  Changes in temperature and rainfall, as well as leading to malnutrition, can create conditions in which disease spreads.

Where is this right protected?

Article 12, ICESCR

Right to adequate housing

Natural disasters may result in the loss of people’s homes and possessions.  Also, climate change may cause some areas, such as those prone to flooding or with little rainfall, to become uninhabitable.  This is likely to increase urban and international migration. 

Where is this right protected?

Article 11, ICESCR

Right to private and family life, home and correspondence

Industrial pollution, noise and environmental deterioration may interfere with people’s right to enjoyment of their private and home life.

Where is this right protected?

Article 8, ECHR

Article 17, ICCPR

Prohibition on discrimination

Environmental issues affect people differently, depending on their social and economic situation.  For example, discrimination can lead to polluting industries being located disproportionately in areas inhabited by poor
and marginalised sectors of society.  Likewise, those who have contributed least to the causes of climate change – particularly people living in poverty – often suffer most from its effects and are least able to protect themselves.  Further, the measures put in place to combat climate change can have a discriminatory impact upon marginalised sectors of society, such as minorities or the elderly.

 

Where is this right protected?

Article 14, ECHR

Articles 2, 3, 26, ICCPR

Article 2, 3, ICESCR

Article 2, UN Convention on the Rights of the Child

UN Convention on the Elimination of All Forms of Discrimination against Women

UN Convention on the Elimination of All Forms of Racial Discrimination

Rights of internally displaced persons (IDPs) and the right to seek asylum

Environmental factors have become recognised as one of the factors that may cause migration.  However, under international law, people who travel to another country to flee natural disasters (as opposed to, for example, political persecution) are not currently entitled to refugee protection.  Those who are displaced within a country (internally displaced persons) rely on the protection of their own government.

Where is this right protected?

UN Convention on the Status of Refugees

Although its original mandate is limited to those who have crossed an international border, the UN High Commissioner for Refugees (UNHCR) now often offers protection to IDPs (Click here for more info.)

Guiding Principles on Internal Displacement

Procedural rights

Procedures surrounding environmental planning must be transparent and accountable, involving public participation in decision-making, and allowing access to appropriate means of redress.

Where is this right protected?

Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention).

Procedural rights have also been read into Article 8, ECHR by the European Court of Human Rights (eg in Taskin v Turkey 2005

Human Rights Based Approach

A human rights based approach to tackling environmental issues will put human beings at the centre of law, policy and practice.  It will ensure that people have access to relevant information and are able to participate effectively in decisions about climate change and the environment. And it will ensure that procedures provide for transparency and accountability. 

Taking a human rights based approach to the environment and climate change minimises the potential for discrimination and allows everyone, on an equal basis, to benefit from positive climate change measures.​ You can read more about HRBA and the PANEL approach on this page.