Right to a Healthy Environment

States parties to the International Covenant on Economic, Social and Cultural Rightsbear non-derogable core obligations with respect to the right to a healthy environment. For example, States are obligated to:

1. monitor and ensure the improvement of all aspects of environmental and industrial hygiene,
2. take reasonable and other measures to prevent pollution and ecological degradation, and
3. promote conservation and ecologically sustainable development when using natural resources.

The United Nations Special Rapporteur on Toxic Waste Dumping is one good source of information about how governments and non-state actors can meet their right to a healthy environment obligations. For general information about this right, Module 15 of Circle of Rights on “The Right to a Healthy Environment” serves as another good resource.

One important quantifying and qualifying tool that is useful when monitoring program service delivery on the right to a healthy environment is the Revised Guidelines Regarding the Form and Contents of Report to be submitted by States Parties under Articles 16 and 17 of the International Covenant on Economic, Social and Cultural Rights.

Right to a Healthy Environment Dossier

• Vienna Convention of the Protection of the Ozone Layer
• Montreal Protocol on Substances that Deplete the Ozone Layer
• Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal
• Framework Convention on Climate Change
• Rio Declaration and Plan of Action (Agenda 21)
• Convention on Biological Diversity
• African Charter on Human and Peoples’ Rights
• Draft Declaration of Principles on Human Rights and the Environment

Key Right to a Healthy Environment Developments and Sample Best Practices

Jurisprudence on the right to a healthy environment is ever-emerging. Two important cases are Minors Oposa v. Secretary of the Department of Environmental Natural Resources (DENR) and Mexico v. Metalclad.

The following case summaries illustrate how human rights defenders have used the ESC rights approach to promote and protect the right to a healthy environment:

• Shantistar Builders v. Narayan Khimali Tatome and Others Case Summary
• African Commission on Human and Peoples’ Rights Decision on Communication 155/96 The Social and Economic Rights Action Center and the Center for Economic and Social Rights / Nigeria Case Summary