Background

The human right to a clean, healthy and sustainable environment has been internationally recognized by the Human Rights Council (A/HRC/RES/48/13) and the General Assembly (A/RES/76/300). Advancing its implementation is a priority, including understanding the obligations related to its effective enjoyment, and identifying most important advances, challenges and obstacles for its full realization (Res A/HRC/RES/55/2).

The fulfillment of human rights obligations in relation with the human right to a clean, healthy and sustainable environment is particularly relevant in the context of the multiple planetary crisis of pollution, climate change and biodiversity loss, aggravated by systemic inequalities and discrimination. The importance of urgent and effective actions to address these crises having human rights and the environment at the center is a global priority as it has been highlighted by the UN Secretary General, numerous UN agencies including the UN Environment Programme, the Office of the High Commissioner of Human Rights, UN Women and UNICEF, international organizations, Indigenous Peoples and civil society. The science community has repeatedly evidenced how dire the situation is, also identified changes and solutions pending.

To this end, in her report the Special Rapporteur seeks to give an overview of the state of implementation of the human right to a clean, healthy and sustainable environment, globally, identifying key advances, and most pressing challenges and opportunities. Therefore the report will consider information regarding the implementation of the right, in relation with one or some of its elements, that will be considered with a comprehensive approach: 1) the three procedural elements that are also recognized human rights (access to information, public participation and access to justice), and; 2) the six substantive elements (clean air; safe climate; safe and sufficient water; healthy and sustainable food; non-toxic environments to live, work, study, and play; healthy biodiversity and ecosystems).

Objective

The report aims to provide an initial assessment of the status of the implementation of the right including the most important advances, challenges, and opportunities for its effective implementation. It also aims to advance the understanding of differentiated impacts, considering situations of vulnerability, and an intersectional lens.

Key questions

The Special Rapporteur invites and welcomes input related to the following questions.

1. Information on measures that States have concretely taken towards the implementation of the human right to a healthy environment, including legislative and policy measures.
   • Please explain if and what indicators are being used to monitor the advancement of such measures.
2. Information regarding measures or evaluation policy in place to ensure that policies incorporate a human rights approach, especially in relation with the right to a healthy environment and including but not limited to areas such as development, conservation, planning, energy, economic, education and training policies.
   • In particular, please provide information on measures related to access to information, participation and access to justice in relation with these policy areas and other environmental matters.
3. Information regarding policies, laws or measures that consider differentiated impacts, and how an intersectional approach is being included in those, to address and advance effective protection of the right to a healthy environment.
4. Information on measures that States have taken to ensure non-discrimination in the implementation of the right, including special protections for individuals and groups that might be in vulnerable situations (marginalized groups), such as children, youth, women, Indigenous Peoples, older persons, Afro descendant communities, among others.
5. Information regarding best practices to respect, protect and fulfill the right to a clean, healthy and sustainable environment, especially in relation to promoting and strengthening meaningful and informed participation of women, girls, children and youth, and marginalized groups in decision making processes of policies, laws and projects.
6. Main challenges for the effective implementation of the human right to a clean, healthy and sustainable environment, including ongoing policies or efforts to overcome these.
7. Information describing any specific challenges or obstacles affecting particular groups or individuals including in relation to access to information, participation and access to justice.
8. Measures regarding policies, legislation and actions in place in relation to the regulation, control and monitoring of businesses in relation with the right to a clean, healthy and sustainable environment.
   • In particular, please provide information on measures related to access to information, participation and access to justice in relation with these policy areas and other environmental matters.

If there is information that you have previously sent to other special procedures or human rights institutions that may be relevant, we urge you to send it. Thus, to avoid duplication and more effectively be able to coordinate.

The questionnaire is also available in English,  French, and Spanish.

Submission of inputs

We kindly request that your submission be concise and limited to a maximum of 5 pages (or 2,500 words), not including appendices or attachments, and that it specifically addresses some or all of the above questions.

We appreciate your efforts to submit your valuable inputs for this report, and your collaboration and support for the implementation of this mandate.

Considering existent deadline for the submission of the report, and acknowledging the time challenge, we appreciate that you can send your submission by Tuesday, 18 June 2024.

All submissions will be made publicly available and posted on the Special Rapporteur’s homepage at the OHCHR website, unless otherwise indicated.