Use of Existing Human Rights16 Question 2: What existing human rights may be used to address environmental concerns? Response A range of civil, political, economic, social and cultural rights rely on environmental quality for their full realisation. This connection may facilitate the use of human rights to address environmental concerns. These include the rights to: life; health, adequate standard of living (including food, clothing and housing); family life and privacy; property; culture; freedom from discrimination; self-determination; and just and favourable conditions of work. There has been an innovative application of existing human rights to address environmental concerns, and in some instances courts have given a broad interpretation of these rights to facilitate environmental protection. However, the ACJ is of the view that the use of existing rights does not provide a comprehensive regime for the protection of an environment to the degree necessary to ensure the full realisation of human rights. Background General Various UN treaty bodies, including those under the ICCPR and ICESCR, the Convention on the Elimination Discrimination Against Women (‘CEDAW’) and the Convention on the Rights of the Child (‘CROC’) have, in their general comments and in responses to country reports, stated that environmental factors and environmental degradation impact adversely on the realisation of human rights. Table 1 below lists relevant provisions in the major human rights treaties which may require a degree of environmental quality for their full realisation. Health The right to health is recognised in ICESCR, CEDAW and CROC. By way of example, ICESCR, article 12 states: ‘[t]he States Parties … recognise the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’.17 It also elaborates ways in which states can ‘achieve the full realization of this right’, including improving all aspects of environmental and industrial hygiene, and preventing, treating and controlling diseases. 18 At the regional level, the European Charter, the African Charter and the Americas’ Protocol of San Salvador all recognise a right to health and the state’s concomitant obligation to protect and improve health, including through addressing environmental factors. 19 Furthermore, general comments and decisions from both UN and regional treaty bodies, and domestic courts have recognised the need for the state to address environmental problems 16 (Note: the Right to Life is dealt with in the following section in response to Term of Reference Question 3); Asia Pacific Forum, above n 4, 37. 18 Ibid 37–8. 19 See, eg, European Social Charter art 11; Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights arts 10, 11; African Banjul Charter on Human and Peoples’ Rights art 16. Asia Pacific Forum, above n 4, 38. 17 - 12 -