Author : Ananya Das, LLM student , Faculty of Law, University of Delhi.
Content
- Introduction
- History
- The UN General Assembly Resolution
- The United Nations’ Role in Promoting Environmental Rights
- Future Prospects
- Conclusion
ABSTRACT
The UN General Assembly’s Resolution on Human Rights to a Clean, Healthy, and Sustainable Environment is a landmark in recognizing the fundamental right to an environment conducive to health, well-being, and sustainable development. Adopted with broad support, it mandates member states to integrate environmental considerations into national laws and policies, ensuring both protection and justice, particularly for vulnerable communities. The resolution calls for public participation, access to information, and legal remedies in environmental matters, emphasizing international cooperation and capacity-building. It obliges states to develop and enforce regulations limiting environmental harm, promoting sustainability, and enabling a green economy transition. While not legally binding, the resolution provides a framework for recognizing environmental protection as integral to human rights, marking a transformative shift towards a more just and sustainable future.
- INTRODUCTION
The United Nations General Assembly’s Resolution on Human Rights to a Clean, Healthy, and Sustainable Environment marks a pivotal moment in the global recognition of environmental rights. Adopted on July 28, 2022, this resolution acknowledges the intrinsic link between a healthy environment and fundamental human rights. In an era marked by escalating environmental crises, the resolution underscores the imperative for international and national legislative frameworks to safeguard the environment for present and future generations.
Environmental Law Principles
The resolution is also grounded in key principles of international environmental law, such as the precautionary principle, the polluter-pays principle, and the principle of intergenerational equity. These principles guide states in formulating and implementing policies that prevent environmental harm, hold polluters accountable, and ensure that future generations can enjoy a healthy environment.
- HISTORY
The concept of environmental rights has evolved significantly over the past half-century, emerging from a recognition of the interconnectedness between human well-being and the health of the planet. This journey has been marked by key international agreements and the unwavering commitment of the United Nations to promote environmental sustainability and recognize environmental rights as fundamental human rights.
Development of International Environmental Law (IEL)
- The Stockholm Declaration: A Groundbreaking Moment 1972
The Stockholm Declaration, adopted at the United Nations Conference on the Human Environment, marked a pivotal moment in the evolution of environmental rights. It formally acknowledged the fundamental right of every human being to live in an environment that is adequate for their health and well-being. The declaration outlined key principles, including the responsibility of states to protect and improve the environment, the interconnectedness of environmental issues, the importance of international cooperation, and the need for equitable access to natural resources.
Also in Stockholm, the UN General Assembly created the United Nations Environment Programme (UNEP), the central body in charge of environmental affairs today. The Stockholm Declaration served as a catalyst for the development of international environmental law and helped establish the foundation for the recognition of environmental rights as human rights.
- Between the Stockholm and Rio Declaration
Following the Stockholm Conference, national governments began to change: the first green political parties emerged, Ministries of Environment were established, and substantial local environmental legislation was developed.
In 1983, the UN formed the World Commission on Environment and Development, known as the Brundtland Commission. The Brundtland Report laid the groundwork for the concept of sustainable development and influenced numerous General Assembly resolutions on environmental protection. Its focus on the complex relationship between environment and development led to the 1987 report “Our Common Future.” This report introduced the concept of sustainable development, defined as “meeting the needs of the present generation without compromising the ability of future generations to meet their own needs,” which became foundational for the evolution of International Environmental Law (IEL).
During this period, global environmental issues that continue to challenge us today, such as ozone layer depletion, threats to biodiversity, and climate change, began to emerge. International cooperation became essential, with developed nations needing to assist poorer countries in addressing these challenges.
In 1987, the Montreal Protocol was signed to address ozone depletion, serving as a successful model of international collaboration. It is anticipated that, due to this agreement, the ozone layer could recover by 2050.
- The Rio Declaration: Emphasizing Sustainable Development 1992
In 1992, the Conference resulted in two key conventions for national governments to sign: the Convention on Biological Diversity and the United Nations Framework Convention on Climate Change (UNFCCC). Additionally, the Rio Declaration was established, reaffirming the Stockholm Declaration and the Agenda 21 action program, which continues to guide governments and non-state actors in their environmental protection efforts.
In light of growing evidence that economic growth was driving significant environmental threats, the concept of sustainable development remained central. The Rio Declaration outlined 27 principles that highlighted the right to development, the precautionary principle, the polluter pays principle, and the importance of public participation in environmental decision-making. It also emphasized the need for international cooperation and the sharing of environmental technologies.
The Rio Declaration significantly influenced global environmental policy and shaped the sustainable development agenda for the following two decades. It laid the groundwork for international environmental agreements, such as the UNFCCC, and marked an important milestone in the development of International Environmental Law (IEL) by recognizing the increasing role of civil society in global environmental protection.
- The Paris Agreement: Addressing Climate Change 2015
The Paris Agreement, adopted at the 21st Conference of the Parties (COP21) to the United Nations Framework Convention on Climate Change (UNFCCC), marked a significant milestone in international efforts to combat climate change. It was the first legally binding global agreement to limit global warming to well below 2 degrees Celsius, preferably to 1.5 degrees Celsius, compared to pre-industrial levels.
The agreement includes provisions for enhanced transparency, reporting, and accountability. It also encourages countries to develop national climate action plans, known as Nationally Determined Contributions (NDCs), to reduce greenhouse gas emissions and adapt to the impacts of climate change.
The Paris Agreement represents a collective commitment by nearly 200 countries to address climate change, demonstrating the growing recognition of the global nature of environmental challenges and the need for international cooperation as fundamental human rights.
- The UN General Assembly Resolution
The UN General Assembly (UNGA) adopted a resolution recognizing the right to a clean, healthy, and sustainable environment as a human right. The resolution urges states, international organizations, businesses, and other stakeholders to “increase efforts” to guarantee a clean, healthy, and sustainable environment for everyone.
It emphasizes that the right to a clean, healthy, and sustainable environment is “linked to other rights and existing international law” and affirms that its promotion “requires full implementation” of multilateral environmental agreements (MEAs) in accordance with the principles of international environmental law.
Adoption and Provisions
The UNGA resolution on the human right to a clean, healthy, and sustainable environment was adopted on 28 July 2022, by a recorded vote of 161 in favor and zero against. Eight Member States – Belarus, Cambodia, China, Ethiopia, Iran, Kyrgyzstan, the Russian Federation, and Syria – abstained.
Originally proposed by Costa Rica, the Maldives, Morocco, Slovenia, and Switzerland, and later co-sponsored by over 100 countries, the UNGA resolution is based on a similar text adopted by the UN Human Rights Council (UNHRC) in October 2021, marking the first formal global recognition of the right to a clean, healthy, and sustainable environment.
The resolution acknowledges that a healthy environment is essential for fully enjoying various human rights, including the rights to life, health, food, water, and sanitation. It urges states to implement policies and legislation for environmental protection, promote environmental education and awareness, and enhance public participation in environmental decision-making.
Introducing the text at the UNGA meeting, the Costa Rican representative highlighted that, in light of the combined crises of climate change, biodiversity loss, and pollution, universal recognition of this right offers a “powerful” and “effective” means to drive transformative change.
Some delegations noted the lack of a universally agreed understanding of the right’s content and scope. The Russian Federation’s representative emphasized that states can only discuss a legally recognized right once it is included in international treaties, while Pakistan described the resolution as “a political text, not a legal affirmation.”
UN Secretary-General António Guterres welcomed the resolution as a “landmark development,” stating it will help reduce environmental injustices, empower vulnerable groups—including environmental human rights defenders, children, youth, women, and Indigenous Peoples—and accelerate the fulfillment of Member States’ environmental and human rights obligations.
UN Environment Programme (UNEP) Executive Director Inger Andersen called the resolution “a victory for people and planet,” asserting that its full implementation will promote action on the triple planetary crisis, create a more predictable global regulatory environment for businesses, and protect those defending nature.
Andersen noted that the resolution has been “five decades in the making.” From its beginnings in the 1972 Stockholm Declaration, which recognized the right to “an environment of a quality that permits a life of dignity and well-being,” countries have incorporated this right into constitutions, national laws, and regional agreements. In 2021, the UN Human Rights Council elevated its status to “universal recognition.”
Most recently, in June 2022, UN Member States and stakeholders called for the recognition and implementation of this right as part of the outcome of the Stockholm+50 meeting, which included ten recommendations aimed at accelerating action towards a healthy planet for all.
Legal Significance
While UNGA resolutions are not legally binding, they carry significant moral and political weight. This resolution serves as a strong statement of global consensus and provides a normative framework for integrating environmental rights into domestic and international legal systems. It reflects an acknowledgment that environmental degradation directly affects human rights and underscores the urgent need for comprehensive environmental governance.
- The United Nations’ Role
The United Nations has played a crucial role in promoting environmental sustainability and recognizing environmental rights as fundamental human rights. Through its various agencies and programs, the UN actively fosters international cooperation on environmental issues, establishes global environmental standards, and supports national efforts to protect the environment.
Legal Frameworks
The UN has been key in creating international legal frameworks for environmental protection, including the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES), and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. These frameworks provide a legal foundation for addressing diverse environmental challenges and advancing the recognition of environmental rights.
United Nations Environment Programme (UNEP)
The United Nations Environment Programme (UNEP) serves as the leading global authority on environmental issues. Its mission is to inspire, inform, and empower nations and individuals to enhance their quality of life while ensuring the well-being of future generations.
For over 50 years, UNEP has collaborated with governments, civil society, the private sector, and other UN entities to tackle critical environmental challenges, such as ozone layer restoration, marine protection, and promoting a green, inclusive economy.
UNEP is driving transformative change by addressing the root causes of the triple planetary crisis: climate change, biodiversity loss, and pollution. Its efforts focus on assisting countries in transitioning to low-carbon and resource-efficient economies, enhancing environmental governance and law, protecting ecosystems, and providing evidence-based data for informed policy-making.
Through advanced science, coordination, and advocacy, UNEP supports its 193 Member States in achieving the Sustainable Development Goals and fostering harmony with nature.
Case Studies
Latin America and the Caribbean: The Escazú Agreement
Adopted in 2018, the Escazú Agreement is a groundbreaking regional treaty that guarantees access to information, public participation, and justice in environmental matters, exemplifying how regional cooperation can strengthen environmental governance and human rights.
The European Union: Environmental Rights in Practice
The European Union leads in integrating environmental rights into its legal framework. The EU Charter of Fundamental Rights recognizes the right to environmental protection, and comprehensive regulations on air and water quality, waste management, and biodiversity showcase how regional organizations can advance environmental rights through binding legislation and enforcement.
- FUTURE PROSPECTS
Strengthening Legal Frameworks
The resolution aims to enhance legal frameworks by promoting binding international agreements that recognize the right to a healthy environment. This could include a global treaty or the integration of environmental rights into existing human rights treaties.
Enhancing Multilateral Cooperation
Effective multilateral cooperation is essential for tackling global environmental challenges like climate change and pollution. The resolution encourages collaboration among states and organizations, sharing best practices and technologies, and supporting capacity-building in developing countries.
Promoting Environmental Justice
A key focus is on environmental justice, addressing the disproportionate impact of environmental harm on marginalized communities. Future efforts should ensure their inclusion in decision-making and develop legal mechanisms to combat environmental discrimination and provide remedies.
- CONCLUSION
The UN General Assembly resolution recognizing the human right to a clean, healthy, and sustainable environment marks a significant advance in the global effort to protect human rights and the environment. Although non-binding, it reflects a growing consensus on the importance of environmental rights and offers a framework for integrating these rights into legal systems.
From a legislative perspective, effective implementation requires comprehensive legal measures, such as incorporating environmental rights into national laws, strengthening international governance, and promoting environmental justice. This resolution sets a new standard for legal frameworks and emphasizes the judiciary’s role in enforcing environmental laws. Ultimately, it signifies a transformative shift towards recognizing environmental protection as essential to human dignity and well-being, laying the groundwork for a more just and sustainable future where environmental health is upheld as a universal human right.