Recognizing Environmental Rights

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Jerico Espinas (Source - United Nations)Environmental Sustainability in the Sustainable Development Goals

International discussions on environmental sustainability has increased since the unanimous passing of the Sustainable Development Goals (SDGs) in September. Given the SDG’s broad approach to addressing the connection between international development and the environment, countries are looking for opportunities to discuss realistic ways to implement these goals. As such, many world leaders are preparing for the 2015 UN Climate Change Conference, which is scheduled to occur in Paris from November 30 to December 11. The topic of the conference itself is not new; as it will be the 21st meeting between UN members to discuss the environment since the 1992 United Nations Framework Convention on Climate Change. It is, however, the first conference to provide insight into how environmental sustainability can be implemented both domestically and internationally.

An important issue surrounding environmental sustainability and international development is the recognition of environmental rights. The Stockholm Declaration on the Human Environment in 1972 historically proclaimed that “[mankind] has a fundamental right to freedom, equality and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being.” Since then, many countries have attempted to recognize environmental rights in their legal system by creating environmental legislation and constitutional provisions.

Having domestic recognition of environmental rights is significant in improving environmental outcomes. Explicit recognition often leads to stronger environmental regulations, better enforcement by proper authorities, and more informed court decisions that set strong precedents for environmental protection. Many countries have also improved their approach to addressing pollution, minimizing waste, providing safe drinking water, and other environmental issues by studying countries with strong environmental policies.

Canada is no exception to these changes. Although Parliament failed to pass Bill C-469, the Canadian Environmental Bill of Rights, some provinces and territories have explicitly recognized environmental rights. In Quebec, there is the Environmental Quality Act, which was passed in 1978 and was included in the provincial Charter of Human Rights and Freedoms in 2006. In Ontario, there is the Environmental Bill of Rights, which came into effect in 1993 and recognized “the inherent value of the natural environment” and “a right to a healthful environment.” Additionally, all three territories have environmental rights legislation. In this way, Canada joins, at least in part, an international conversation surrounding the protection of the environment.

Jerico Espinas2International bodies have also enacted treaties that recognize environmental rights, with different agreements and procedures discussing key environmental issues such as toxic waste, Indigenous rights, and climate change. Notably, there are no international doctrines that explicitly consider the right to a healthy environment as a universal human right, with some controversy over the effects of officially elevating it to such a status. However, there are clear connections between the two. For example, many international environmental procedures were justified in part because of the regulated action’s effects on the realization of important human rights. Additionally, many environmental and human rights instruments include similar rights to participation in the decision-making process and access to justice.

This large and emergent history surrounding international environmental rights and sustainability is important in understanding and implementing international development agendas. Goals and targets are often chosen and justified based on the international community’s treatment of particular rights. Thus, as environmental rights became more widely recognized, it also became increasingly included during the decision-making process.

The Millennium Development Goals (MDGs), that expire at the end of 2015, and are superseded by the SDGs, included environmental sustainability. The goal of MDG 7 was to “ensure environmental sustainability,” and includes goals to reduce biodiversity loss, improve sustainable access to safe drinking water, and reverse the loss of environmental resources.

In comparison, the SDGs have substantially broadened the international development approach to environmental sustainability. The SDGs include goals that address water and sanitation (SDG 6), sustainable energy production (SDG 7), sustainable economic growth (SDG 8), sustainable consumption and production (SDG 12), climate change (SDG 13), sustainable use of oceans and marine resources (SDG 14), and sustainable use of ecosystems generally (SDG 15).

These changes reflect an increased recognition of different actors, interests, and policy considerations in the field of international development since the creation of the MDGs. A broader framework emerged as more voices were included in the decision-making process of the development agenda, and many of these new additions became concerned with environmental rights and the developed world’s infringement of these rights. Importantly, these additions also reflect an interdisciplinary approach to environmental sustainability. Fields such as energy, economics, and urban planning play important roles in addressing key environmental issues, and require their own particular targets to meet their goals.

The SDGs come into effect on 1 January 2016, but much work still needs to be done regarding how these goals will actually be applied in both an international and domestic context. Events including the 2015 UN Climate Change Conference are a great opportunity for world leaders to discuss future implementation with other countries, with it being likely that sustainable development will emerge as a key topic of discussion.

This article was published as part of the Osgoode chapter of Canadian Lawyers for International Human Rights (CLAIHR) media series, which aims to promote an awareness of international human rights issues.‎

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Jerico Espinas

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