The United Nations Human Rights Council (UNHRC) recently voted unanimously to recognize a clean, healthy and sustainable environment as a Universal Human Right. If universally accepted, this would mark the first new addition to human rights in over 70 years, since the Universal Declaration of Human Rights (UDHR) was adopted by the UN General Assembly in 1948.
Origins and Background of Human Rights
The idea of human rights first emerged after World War II yet, until now, the right to a healthy environment was not included. This concept traces its roots back to the 1972 Stockholm Declaration known as the Magna Carta of human environment. This declaration outlined principles and recommendations for environmental policies. Later, ‘Caring for the Earth 1991’ and the ‘Earth Summit’ of 1992 asserted that humans are entitled to a healthy and productive life in harmony with nature.
About The Human Right to a Healthy Environment
The human right to a healthy environment combines aspects of civil, cultural, economic, political, and social rights. It works to safeguard core components of the natural environment that enable a dignified life. In India, Article 21 of the constitution has been interpreted as including the right to survive as a species, quality of life, the right to live with dignity and the right to livelihood.
Indian Constitution and the Environment
Indian Constitution was groundbreaking in that it was the first to give constitutional status to environmental protection through the Constitutional (forty-second Amendment) Act, 1976. This act introduced articles 48-A and 51A (g), mandating both the state and its citizens to protect and preserve the environment.
Environmental Protection Laws in India
India has several laws aimed at protecting the environment, such as the Wildlife (Protection) Act, 1972; Water (Prevention and Control of Pollution) Act, 1974; Forest (Conservation) Act, 1989; Air (Prevention and Control of Pollution) Act, 1981; Environment (Protection) Act, 1986; and The National Green Tribunal Act, 2010.
Principles Governing Environmental Protection
Several principles guide environmental protection. These include Inter-generational Equity, Polluter Pays Principle, Precautionary Principle, Public Trust Doctrine, and the Sustainable Development Principle. These principles advocate for judicial use of earth’s resources, accountability for environmental damage, proactive preventive measures against environmental degradation, equitable access to natural resources, and a balance between development and environment preservation.
About United Nations Human Rights Council
The UNHRC is an inter-governmental body within the United Nations system. Formed in 2006, it focuses on promoting and protecting human rights worldwide. Based in Geneva, Switzerland, it consists of 47 United Nations Member States elected by the UNGA. India was elected in 2019 for a three-year term.
UNHRC’s Procedures and Mechanisms
The council uses Universal Periodic Review and UN Special Procedures to monitor and assess the human rights situations in all United Nations Member States. The Special Procedures involve special rapporteurs, special representatives, independent experts and working groups working on thematic issues or human rights situations in specific countries.
