Reports

THE DEVELOPMENT, THE LEGAL POTENTIAL, AND THE IMPLEMENTATION OF THE RIGHT TO A HEALTHY ENVIRONMENT

The human right to a clean, healthy, and sustainable environment (in short, the right to a healthy environment), a relatively new human right, is a fascinating development that encapsulates environmental protection from a human rights perspective. Its recent recognition by the UN Human Rights Council (UNHRC) in October 2021 (HRC/RES/48/13) and by the UN General Assembly (UNGA) in July 2022 (A/RES/76/300) has brought it to the forefront of international discourse. This right, now considered an “internationally recognised human right,” demands our attention and engagement.

This report will explore the development of the right to a healthy environment, its importance, and how it can be established on the international plane. It will then examine its legal potential and how it promotes environmental protection and human health, drawing from its implementation in China, India, and Mongolia. China and India were chosen as examples because they are the biggest States in South and East Asia regions and therefore have the biggest impact on environmental issues. Furthermore, the States under examination hold different relationships to the right at hand and thereby serve a great launching point of assessing the implementation of the right to a healthy environment. Additionally, the UN Special Rapporteur on Human Rights and the Environment conducted a case study on Mongolia, allowing us to see how the UN assesses the implementation of the right.


✨ AI summary

The human right to a clean, healthy, and sustainable environment (in short, the right to a healthy environment), a relatively new human right, is a fascinating development that encapsulates environmental protection from a human rights perspective. Its recent recognition by the UN Human Rights Council (UNHRC) in October 2021 (HRC/RES/48/13) and by the UN General Assembly (UNGA) in July 2022 (A/RES/76/300) has brought it to the forefront of international discourse. This right, now considered an “internationally recognised human right,” demands our attention and engagement.

This report will explore the development of the right to a healthy environment, its importance, and how it can be established on the international plane. It will then examine its legal potential and how it promotes environmental protection and human health, drawing from its implementation in China, India, and Mongolia. China and India were chosen as examples because they are the biggest States in South and East Asia regions and therefore have the biggest impact on environmental issues. Furthermore, the States under examination hold different relationships to the right at hand and thereby serve a great launching point of assessing the implementation of the right to a healthy environment. Additionally, the UN Special Rapporteur on Human Rights and the Environment conducted a case study on Mongolia, allowing us to see how the UN assesses the implementation of the right.


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