is emerging, (see for example the various declarations of principle at the international level,
including those which emerged from the 1972 Stockholm Conference on the Human
Environment (‘Stockholm Conference’), the 1992 Rio Conference on Environment and
Development (‘Rio Conference’) and the 2002 World Conference on Sustainable Development).
Some regional treaties already contain a specific human right to environmental quality. Article
24 of the African Banjul Charter on Human and Peoples’ Rights refers to a right of peoples to
have a “generally satisfactory environment favourable to their development”, 14 whereas Article
11 Additional Protocol to the American Convention on Human Rights in the Area of Economic,
Social and Cultural Rights contains an individual right to live in a healthy environment. 15
Notwithstanding these developments, there appears to be no international or regional
consensus. Indeed, the characterisation of the right in existing regional instruments, as
variously an individual or collective right, highlights the continuing uncertainty at the international
and regional level. Furthermore, there is also a divergence of views, from support for a human
right to environmental quality in the 1970s, towards support for sustainable development
following the Rio Conference in 1992.
That said, an area where greater agreement exists is in relation to procedural rights: access to
information, public participation in decision-making and access to remedies. Developments in
this area may evidence support for an emerging procedural right and perhaps the future
development of a specific human right to an environment of a particular quality, (see annex 4 for
a more detailed commentary on procedural rights and a checklist of essential elements).
Recommendations
A list of recommendations is contained in Part 2. Recommendations relevant to this term of
reference include:
•
•
•
•
1.1.
1.2.
1.4.
2.1.
Advocacy of a human right to environment
Content of a human right to environment
Protection of the environmental generally
Review of domestic regulation
14
Ibid 26–7.
‘[e]veryone shall have the right to live in a healthy environment and have access to basic public services. The States
Parties shall promote the protection, preservation and improvement of the environment’ Ibid 27. See also ibid 34
15
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