Time for the UN General Assembly to recognize healthy environment as a human right, and ALL States to vote in favor

Currently the UN General Assembly in New York is discussing the universal recognition of the right to a healthy environment as a human right. Although late, this recognition is still urgent and very important. Late because the conversation has been going on for 50 years. Important, as it is evidenced by the triple climate, biodiversity and pollution crises. Over one thousand people have died after the recent heat waves only in Spain and Portugal and more than 20 million people is displaced annually because of climate change is enough evidence of it. All this, aggravated by the dreadful situation that human rights defenders are facing, especially in the Global South. Thus, better late than never.

The discussion in New York is the last step of this process, after the UN Human Rights Council took an unprecedented step and recognized this right in October. Now it is the General Assembly’s turn to decide on favor of our rights, the environment and the planet. There is no more time to lose, and no more excuses. Today States have to assume this historic opportunity and recognize that living in a healthy, clean, safe and sustainable environment is essential for us all.

On June 27th the core group formed by Costa Rica, Maldives, Morocco, Slovenia, and Switzerland presented the draft resolution to the General Assembly to universally recognize this right. While most countries support it—even the United States seems likely to do so—there are others who still have doubts or are reluctant to approve it. Some are long-time opponents, such as Russia and China, but other positions might be surprising, including India, Norway and the United Kingdom.

The main reasons expressed for not supporting the recognition are included below. Hopefully this, and specially the global reality will soon help them come to their senses and finally support this important recognition without further delay. It is certainly what people, communities, indigenous peoples, movements and organizations are requesting, as the Global Call at the Human Rights Council showed.

Lack of clarity of the content and scope of the right

Some States have mentioned that in order to be recognized this right it needs to be better defined, including its content. Apparently we are trapped in the chicken and the egg dilemma. However, it is not the case, as this right brings five decades of reflection with enough national, regional and international development to provide sufficient understanding of the minimum elements. As oppose to other rights, in this case, these advancements will be of great use to States for its implementation, contributing to an effective protection.

In fact, 155 States include the right to a healthy environment in some form in their legislation. At the UN there have been dozens of resolutions referring to it, and the Framework Principles that the Special Rapporteur on Human Rights and the Environment published in 2018, describe its minimum elements. Jurisprudence from regional human rights systems also refer to the healthy environment, directly, as the Inter-American System and the African System; or linked to other rights such as life, integrity, privacy, property, information and participation, among others, as is the case of the European Court of Human Rights.

Demanding greater clarity could risk to fall into paralysis by analysis, asking for a development that has not been required nor needed for other rights. Recognition is the step required to resolve doubts and especially to achieve effective protection of a safe, clean and healthy environment.

Potential increased litigation

Some States are also concerned of the potential increase in litigation if the right to a healthy environment is universally recognized. Neither the form in which it was recognized by the Human Rights Council, nor the draft presented to the General Assembly or its contents refer in any way to this aspect. On the contrary, the recognition could rather help to solve conflicts related to the healthy environment and, given its development, be a tool to resolve them without resorting to litigation.

On the other hand, litigation has increased globally due to the greater impact of the climate, biodiversity and pollution crises on people, especially in the Global South. Omission or slow action by States have been the based of many of those litigations. Therefore, recognizing the right can show a step towards the action needed, sending the right message of commitment from States, that when incorporated into policies, programs, legal frameworks and actions, could evidence the missing results that today is being looked for in courts.

Increased costs and bureaucracy

Another concern is the need for additional budgets and bureaucracy to the protection of this human right. Actually, the recognition could be beneficial, helping States and international entities to better coordinate environmental and human rights protection efforts.

The environment and human rights have been considered almost as two different planets, with separate institutions, dynamics, budgets and negotiations, while in territories and everyday lives, the environment and human rights are intrinsically linked. Thus this recognition is a step in the right direction for a comprehensive approach, implementing also the human rights principles of interdependence, indivisibility, inalienability and universality. It also has been and could be another tool for States in advancing policies and programs to reduce poverty, improve development and guarantee human rights.

While these and other concerns can endlessly continued being argued for other five decades, reality reminds us that there is no more time to loss. It is time to prioritize nature and people, especially the 800 million who live in extreme poverty without access to basic needs such as sufficient and adequate food and water. It is them, the 10% of the world's population, who could and should benefit first from this recognition, that should be in the minds of everyone from our governments in New York. Particularly those that are still doubting. If not, then they can do it for themselves, and their families who will also be benefiting from this recognition.

Without further excuses to delay the recognition of this right, we look forward to the results of the negotiations at the UN General Assembly. Including those that are still doubting, that today have the historic opportunity to decide on the side of their people and the planet. Then we will finally be able to celebrate and use the healthy, clean and sustainable environment as a human right, helping to improve the lives, well-being and development of us all and the future generations.