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The human right to a clean, healthy and sustainable environment is a resolution by the United Nations General Assembly and before that the United Nations Human Rights Council (HRC, as HRC/RES/48/13), that recognizes a healthy environment as a human right.
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]
Recent years have seen an increased recognition of the link between human rights and the environment, yet there are still many questions surrounding the relationship between them. As a result, in 2012 the HRC established a mandate on human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment. [20]
On 8 October 2021, the UN Human Rights Council passed a resolution recognizing access to a healthy and sustainable environment as a universal right. In the resolution 48/13, the Council called on States around the world to work together, and with other partners, to implement the newly recognized right.
This declaration mentions the right to a healthy environment: "Recognizing that a clean, healthy and sustainable environment is important for the enjoyment of human rights, taking note of Human Rights Council resolution 48/13 entitled "The human right to a clean, healthy and sustainable environment. ” [6]
The human right to a clean, healthy and sustainable environment: a catalyst for accelerated action to achieve the Sustainable Development Goals. General Assembly, 2022, UN Doc. A/77/284, plus Annex I. Good practices and Annex II. Links between SDG targets and international human rights instruments.
In 1971, General Assembly Resolution 2581 created a 27-nation preparatory committee, whose goal was to produce a declaration concerning the "rights and obligations of citizens and Governments with regard to the preservation and improvement of the human environment" as outlined in a recommendation by the Secretary-General. [7]
Environmental defenders are typically viewed as a subset of human rights defenders and are associated with the legal theory of fundamental human rights promoted by the United Nations. They work to establish or protect the fundamental right to a healthy environment .