Abstract
One of the most compelling yet controversial areas of environmental human rights is the notion of a substantive right to an environment of a particular quality. Much has been written on the subject over the past 25 years, yet the debate as to its status, content, structure and effectiveness remains unsettled. This chapter explores in detail the idea of a standalone right to a good environment, one which is independent of other human needs or interests. Such a right, if it exits, could extend protection to natural places, ecosystems and biodiversity, without the need to demonstrate interference with any other human right. To date, such a right is not guaranteed within international human rights law, although some regional human rights treaties and soft-law instruments contain similar provisions, and variations can be found in several national constitutions, as identified in the previous chapter. As the discussion in this chapter demonstrates, there are a number of issues which will need to be resolved before the right is likely to achieve widespread recognition within international law. These include questions about whether a standalone right to a good environment would be supported by fundamental human rights theory, and whether it is possible to define the right in a way which makes it practically useful. In identifying these issues and clarifying the current status of the right, this chapter lays a foundation for further analysis in later chapters, including a consideration of how the right would apply in the context of climate change.
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Notes
- 1.
The Oxford English Dictionary (2014) defines ‘good’ as “The most general and most frequently used adjective of commendation in English. Almost all uses convey the sense of being of a high (or at least satisfactory) quality, useful for some purpose (specified, implied, or generally understood), and worthy of approval.”
- 2.
Fifty-three States have ratified the African Charter: Algeria, Angola, Benin, Botswana, Burkina Faso, Burundi, Cameroon, Central African Republic, Cape Verde, Chad, Cote d’Ivoire, Comoros, Congo, Djibouti, Democratic Republic of Congo, Egypt, Equatorial Guinea, Eritrea, Ethiopia, Gabon, Gambia, Ghana, Guinea-Bissau, Guinea, Kenya, Libya, Lesotho, Liberia, Madagascar, Mali, Malawi, Mozambique, Mauritania, Mauritius, Namibia, Nigeria, Niger, Rwanda, South Africa, Sahrawi Arab Democratic Republic, Senegal, Seychelles, Sierra Leone, Somalia, Sao Tome and Principe, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe.
- 3.
One other petition has been made to the Commission relating to article 24 but this was withdrawn (William A Courson v Zimbabwe, Communication No. 136/94 1994).
- 4.
Sixteen States have ratified the San Salvador Protocol: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Suriname and Uruguay.
- 5.
Also known as the Brundtland Commission, named after its chair, Gro Harlem Brundtland, former Prime Minister of Norway.
- 6.
In July 2018 the Human Rights Council appointed David Boyd to replace John Knox as Special Rapporteur on Human Rights and the Environment.
- 7.
The UN General Assembly adopted resolution 72/277 on 14 May 2018, entitled “Towards a Global Pact for the Environment”. The Resolution requests the Secretary-General to report on gaps in international environmental law, and establishes a working group to consider the outcomes of that report and advise on measures to strengthen international environmental law.
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Lewis, B. (2018). The Human Right to a Good Environment in International Law. In: Environmental Human Rights and Climate Change. Springer, Singapore. https://doi.org/10.1007/978-981-13-1960-0_4
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