Right to a healthy environment

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The right to a healthy environment or the right to a sustainable and healthy environment is a human right advocated by human rights organizations and environmental organizations to protect the ecological systems that provide human health.[1][2][3] The right was acknowledged by the United Nations Human Rights Council during its 48th session in October 2021 in HRC/RES/48/13[4] and subsequently by the United Nations General Assembly on July 28, 2022 in A/RES/76/300.[5][6] The right is often the basis for human rights defense by environmental defenders, such as land defenders, water protectors and indigenous rights activists.

The right is interconnected with other health-focused human rights, such as the right to water and sanitation, right to food and right to health.[7] The right to a healthy environment uses a human rights approach to protect environmental quality; this approach addresses the impact of environmental harm upon individual humans, as opposed to the more traditional approach of environmental regulation which focuses on impacts to other states or the environment itself.[8] Yet another approach to environmental protection is rights of nature which tries to extend the rights enjoyed by humans and corporations to nature as well.[9]

Slash and burn deforestation along the Rio Xingu, Brazil endangers both indigenous rights to the land as well as the larger right to a healthy environment. Case law like the Colombian Climate case protecting the Amazon forest from deforestation have historically relied on the rights of nature and children,[10] the right to a healthy environment would provide additional protection.
  1. ^ "The Case for a Right to a Healthy Environment". Human Rights Watch. 2018-03-01. Retrieved 2021-02-10.
  2. ^ "The Time is Now for the UN to Formally Recognize the Right to a Healthy and Sustainable Environment". Center for International Environmental Law. 2018-10-25. Retrieved 2021-02-10.
  3. ^ Knox, John H. (2020-10-13). "Constructing the Human Right to a Healthy Environment". Annual Review of Law and Social Science. 16 (1): 79–95. doi:10.1146/annurev-lawsocsci-031720-074856. ISSN 1550-3585. S2CID 216476059.
  4. ^ Cite error: The named reference :3 was invoked but never defined (see the help page).
  5. ^ "Historic day for human rights and a healthy planet: UN expert". OHCHR. Retrieved 2022-08-05.
  6. ^ "UN General Assembly declares access to clean and healthy environment a universal human right". UN News. 2022-07-28. Retrieved 2022-08-05.
  7. ^ "OHCHR | Good practices on the right to a healthy environment". www.ohchr.org. Retrieved 2021-02-10.
  8. ^ Cite error: The named reference :4 was invoked but never defined (see the help page).
  9. ^ Halpern, Gator. "Rights to Nature vs Rights of Nature". Retrieved 2021-02-10.
  10. ^ "In historic ruling, Colombian Court protects youth suing the national government for failing to curb deforestation". Dejusticia. 2018-04-05. Retrieved 2021-11-30.