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Environmental Protection and Human Rights CDDH-ENV(2021)04rev1 14/06/2021 STEERING COMMITTEE FOR HUMAN RIGHTS (CDDH) _________ Environmental Protection and Human Rights Legal survey on existing principles and standards to be used as a background document by the Drafting Group on Human Rights and Environment (CDDH-ENV) Prepared by Juliëtte RIERINK (LL.M.), Human Rights Research Consultant Executive summary This document, prepared in view of the first CDDH-ENV meeting (28-30 April 2021), sets out the background for the work to be carried out by the Drafting Group (Section I). It describes the scope of environmental protection and its interconnectedness with human rights, as well as other specific characteristics to be considered when developing further work in this field (Section II). In addition, the document contains an analysis of the existing principles and legal standards at international and regional levels (Section III). Examples of national approaches and good practices have also been included as they may serve as inspiration for other Council of Europe member States and beyond (Section IV). The document finally recalls some of the ideas which emerged during at the High- Level Conference on “Environmental Protection and Human Rights”, held in February 2020 under the aegis of the Georgian Presidency of the Committee of Ministers, which may provide food for thought in view of possible additional work to be carried out by the Council of Europe in this area (Section IV). 2 CDDH-ENV(2021)04rev1 TABLE OF CONTENTS I. FOREWORD ................................................................................................................ 4 II. INTRODUCTION .......................................................................................................... 7 A. Environmental crisis .................................................................................................... 7 B. Scope and definitions .................................................................................................. 7 C. Specific characteristics ................................................................................................ 9 Interconnection between the protection of the environment and human rights ............ 9 Direct and indirect consequences .............................................................................. 12 Effects on vulnerable and marginalized groups ......................................................... 13 Gender dimension ...................................................................................................... 15 Transboundary context .............................................................................................. 16 Impact on future generations ..................................................................................... 17 D. Short chapter recap ................................................................................................... 18 III. APPLICABLE LEGAL STANDARDS AND PRINCIPLES ........................................... 19 A. Council of Europe ...................................................................................................... 19 Specific instruments on the environment with a human rights dimension .................. 19 General human rights instruments with an environmental dimension ........................ 22 Parliamentary Assembly ............................................................................................ 25 The Council of Europe Commissioner for Human Rights ........................................... 30 B. United Nations ........................................................................................................... 31 Specific instruments on the environment with a human rights dimension .................. 31 General human rights instruments with an environmental dimension ........................ 37 C. European Union ........................................................................................................ 41 D. Short chapter recap ................................................................................................... 42 IV. APPROACHES AND GOOD AND PROMISING PRACTICES OF MEMBER STATES 44 A. Constitutional protection of the environment ............................................................. 44 B. Cases before national courts ..................................................................................... 45 The Urgenda Climate Case – Dutch Supreme Court ................................................. 46 3 CDDH-ENV(2021)04rev1 Swiss Senior Women for Climate Protection Case – Swiss Supreme Court .............. 47 Climate Case Ireland – Irish Supreme Court .............................................................. 49 Arctic oil drilling Case – Norwegian Supreme Court................................................... 50 L’Affaire du Siècle – Parisian Administrative Court .................................................... 51 Portuguese Youth Activists – European Court of Human Rights ............................... 52 C. Actio popularis and broad locus standi in environmental cases ................................ 54 D. Environmental impact assessments (EIAs) ............................................................... 54 E. Environmental education and awareness .................................................................. 55 F. Protection of environmental human rights defenders ............................................... 56 G. Short chapter recap .................................................................................................. 57 V. CONCLUSIONS AND POSSIBLE FOLLOW-UP ....................................................... 58 A. Updating the Manual ................................................................................................. 58 B. Preparing a non-binding instrument .......................................................................... 58 C. Council of Europe and environmental human rights.................................................. 59 D. Possible further work based on the outcomes of and suggestions made at the High- Level Conference........................................................................................................... 60 The need for a new binding instrument on human rights and the environment .......... 60 Option of enhancing the implementation of existing standards .................................. 70 E. Short chapter recap ................................................................................................... 72 APPENDIX 1: Selection of proposed international principles on human rights and environmental protection ................................................................................................... 74 APPENDIX 2: Extracts from regional human rights instruments ...................................... 84 APPENDIX 3: Protection of the environment at constitutional level .................................. 86 4 CDDH-ENV(2021)04rev1 I. FOREWORD 1. At its 1361st meeting (19-21 November 2019), the Committee of Ministers adopted terms of reference for the Steering Committee for Human Rights (CDDH) for the period 2020-21.1 As main tasks the CDDH was instructed to: (i) Work on the protection, development and promotion of human rights in Europe to: (a) Contribute to enhancing the protection of human rights by improving the effectiveness of the European Convention on Human Rights’ control mechanism and the implementation of the Convention at national and European levels, this work being a permanent priority for the CDDH. (b) Provide effective responses at the normative and general policy levels to the challenges posed to human rights in European societies. […] (iv) Contributes to the achievement of the UN 2030 Agenda for Sustainable Development, in particular with regard to Goal 3: Good health and well-being and Goal 16: Peace, Justice and Strong institutions. 2. The specific tasks of the CDDH include, inter alia: (v) On the basis of developments in the member States, within the Council of Europe and in other fora, update the Handbook [Manual] on Human Rights and the Environment and, if appropriate, develop a draft non-binding instrument of the Committee of Ministers (e.g. recommendation, guidelines) recalling existing standards in this field. 3. Subsequently, at its 92nd meeting (27-30 November 2019), the CDDH exchanged views on the “preparation of the CDDH 2020-2021 biennium work” and agreed to set up a Drafting Group on Human Rights and Environment (CDDH-ENV), and elected Ms. Kristīne LĪCIS (Latvia) Chair of the Group. 4. The Chair participated in the High-Level Conference on “Environmental Protection and Human Rights” which was organised on 27 February 2020 in Strasbourg under the aegis of the Georgian Presidency of the Committee of Ministers. At the end of the event, the Georgian Ministers, Mr. David ZALKALIABNI, presented a Declaration drawing up the 1 Terms of reference of the CDDH, DH-SYSC and DH-BIO for 2020 – 2021, as adopted by the Committee of Ministers at its 1361st meeting, 19-21 November 2019 https://rm.coe.int/mandat-2020-2021-en/1680994838 5 CDDH-ENV(2021)04rev1 conclusions of the Conference.2 In the Declaration it is proposed to launch a Council of Europe Strategy on the Environment and Human Rights with the aim of supporting member States in meeting their obligations in the field, including in respect of the United Nations Convention on Climate Change. 5. At the Committee of Ministers’ 1375bis meeting (15 May 2020) in connection with the transfer of the Chairmanship of
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