RES/25/21 Human rights and the environment

GE.14-13617

*1413617*

Human Rights Council Twenty-fifth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Resolution adopted by the Human Rights Council

25/21. Human rights and the environment

The Human Rights Council,

Reaffirming the purposes and principles of the Charter of the United Nations, Recalling the Universal Declaration of Human Rights, the International Covenant on

Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child,

Reaffirming Human Rights Council resolutions 16/11 of 24 March 2011 and 19/10 of 22 March 2012, and recalling that, in the latter, the Council decided to establish the mandate of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment,

Recalling other relevant Human Rights Council resolutions on human rights and climate change, on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, on the human right to safe drinking water and sanitation and on the right to food, as well as relevant Commission on Human Rights resolutions on human rights and the environment as part of sustainable development,

Recalling also the Declaration of the United Nations Conference on the Human Environment, the Rio Declaration on Environment and Development, Agenda 21, the Programme for the Further Implementation of Agenda 21, the Johannesburg Declaration on Sustainable Development and the Plan of Implementation of the World Summit on Sustainable Development,

Welcoming the outcome of the United Nations Conference on Sustainable Development, held in Rio de Janeiro, Brazil, in June 2012, and its outcome document “The

United Nations A/HRC/RES/25/21

General Assembly

Distr.: General 15 April 2014

Future We Want”, and aiming to contribute to follow-up processes, including the identification and realization of sustainable development goals,

Recognizing that human beings are at the centre of concerns for sustainable development, that the right to development must be fulfilled in order to meet the development and environment needs of present and future generations equitably, and that the human person is the central subject of development and should be the active participant in and beneficiary of the right to development,

Reaffirming that all human rights are universal, indivisible, interdependent and interrelated,

Recalling the Guiding Principles on Business and Human Rights, as endorsed by the Human Rights Council in its resolution 17/4 of 16 June 2011,

Recognizing that sustainable development and the protection of the environment can contribute to human well-being and to the enjoyment of human rights,

Recognizing also, conversely, that climate change, unsustainable management and use of natural resources and the unsound management of chemicals and wastes may interfere with the enjoyment of a safe, clean, healthy and sustainable environment, and that environmental damage can have negative implications, both direct and indirect, for the effective enjoyment of all human rights,

Recognizing further that, while the human rights implications of environmental damage are felt by individuals and communities around the world, the consequences are felt most acutely by those segments of the population who are already in vulnerable situations,

Recognizing that the enhancement of international cooperation in the field of human rights is essential for the full achievement of the purposes of the United Nations, including the effective promotion and protection of all human rights,

1. Notes with appreciation the reports of the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment submitted to the Human Rights Council at its twenty-second1 and the twenty- fifth2 sessions;

2. Welcomes the work undertaken to date by the Independent Expert on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment;

3. Also welcomes the work of the Office of the United Nations High Commissioner for Human Rights on the issue of human rights and the environment;

4. Recognizes that human rights law sets out certain obligations on States that are relevant to the enjoyment of a safe, clean, healthy and sustainable environment, and that the enjoyment of the corresponding human rights and fundamental freedoms can be facilitated by assessing environmental impact, making environmental information public and enabling effective participation in environmental decision-making processes, and that in that regard a good practice includes adopting, strengthening and implementing laws and other measures to promote and protect human rights and fundamental freedoms in the context of environmental legislation and policies;

1 A/HRC/22/43.

2 A/HRC/25/53 and Add.1 and 2.

5. Reaffirms the duty of States to protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises, as provided for in the Guiding Principles on Business and Human Rights;

6. Also reaffirms the importance of non-discrimination in the application of environmental laws, but also of paying due attention to the members of groups particularly vulnerable to environmental harm, bearing in mind that environmental damage is felt most acutely by those segments of the population already in vulnerable situations;

7. Recognizes the role of human rights obligations and commitments in informing and strengthening international, regional and national policymaking in the area of sustainable development and environmental protection, and the importance of identifying best practices in that regard;

8. Urges States to comply with their human rights obligations when developing and implementing their environmental policies;

9. Recognizes the important role played by individuals, groups and organs of society, including human rights defenders, in the promotion and protection of human rights as they relate to the enjoyment of a safe, clean, healthy and sustainable environment;

10. Also recognizes the importance of giving due consideration to human rights obligations relevant to the enjoyment of a safe, clean, healthy and sustainable environment while shaping the post-2015 development agenda;

11. Stresses the particular relevance of international cooperation in addressing the impact on the enjoyment of human rights that may result from environmental harm;

12. Recognizes the need to clarify further the scope of human rights obligations of States as they relate to environmental harm;

13. Welcomes the cooperation extended to date to the Independent Expert by different actors, and calls upon all States to continue to cooperate with the Independent Expert in the discharge of his mandate and to respond favourably to requests for information and visits;

14. Requests the High Commissioner to continue to ensure that the Independent Expert receives the resources necessary to enable him to discharge his mandate fully;

15. Decides to continue its consideration of this matter under the same agenda item and in accordance with its programme of work.

55th meeting 28 March 2014

[Adopted without a vote.]