UN Human Rights Institutions and the Environment

Sumudu Atapattu is Teaching Professor and Director of the Global Legal Studies Center at the University of Wisconsin Law School. She is also the Executive Director of the campus-wide interdisciplinary Human Rights Program. She serves as the Lead Counsel for Human Rights at the Center for International Sustainable Development Law based in Montreal, Canada, is on the advisory board of the McGill International Journal of Sustainable Development Law and Policy, and is affiliated faculty at the Raoul Wallenberg Institute for Human Rights and Humanitarian Law, Sweden. She has published widely in the fields of international environmental law, climate change and human rights, environmental rights, and sustainable development.

Contents

Foreword

Acknowledgements

About the author

Abbreviations

Table of cases

Table of treaties and other instruments

Part I

Introduction and overview of international human rights law

1 UN Human Rights Institutions and the Environment: Framing the Issues

1.1 Introduction

1.2 Environmental issues covered

1.2.1 Environmental pollution, environmental degradation and environmental protection

1.2.2 Climate change

1.2.3 Sustainable development and Sustainable Development Goals

1.2.4 Other issues covered

1.3 Methodology

1.4 Outline of the book and overview of chapters

2 An Overview of International Human Rights Law and the Emergence of Environmental Rights

2.1 Introduction

2.2 An overview of International Human Rights Law

2.2.1 International Bill of Rights

2.2.2 Typology of rights

2.3 An overview of human rights institutions

2.3.1 Treaty-based mechanisms

2.3.2 Charter-based mechanisms

2.3.3 Office of the High Commissioner for Human Rights

2.4 Rights affected by environmental degradation

2.4.1 Right to life

2.4.2 Right to health

2.4.3 Rights to food, water and sanitation

2.4.4 Right of self-determination

2.5 Specialized treaties on vulnerable groups

2.6. Emergence of environmental rights and the right to a healthy environment

2.6.1 Articulation of environmental rights

2.6.2 Developments at the UN: The creation of special mandates

2.7 Other global efforts to recognize environmental rights

2.7.1 Draft International Covenant on the Human Right to the Environment

2.7.2 Global Pact for the Environment

2.8 Regional developments

2.9 Developments at the national level

2.10 Conclusion

Part II

Charter-based mechanisms

3 UN Human Rights Council and the Office of the High Commissioner for Human Rights

3.1 Human Rights Council

3.1.1 Introduction and mandate

3.1.2 Universal Periodic Review and working group recommendations
3.1.2.1 Environmental protection

3.1.2.2 Climate change

3.1.2.3 Sustainable development and SDGs

3.1.2.4 Indigenous rights

3.1.2.5 Business enterprises and transnational corporations

3.1.3 Resolutions of the HRC

3.1.3.1 Environmental protection/degradation

3.1.3.2 Climate change

3.1.3.3 Sustainable development and SDGs

3.2 Office of the High Commissioner for Human Rights

3.2.1 Environmental protection/degradation

3.2.2 Climate change

3.2.3 Sustainable development and SDGs

3.3 Conclusion

4 Special Procedures Mandate Holders

4.1 Introduction

4.2 Appointment of a Special Rapporteur on Human Rights and the Environment

4.3 Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes

4.4 Independent Expert on Human Rights and the Environment

4.5 Special Rapporteur on Human Rights and Environment

4.5.1 Framework Principles on Human Rights and Environment

4.5.2 David Boyd as Special Rapporteur

4.6 Special Rapporteur on Cultural Rights

4.7 Special Rapporteur on the Right to Food

4.8 Special Rapporteur on Extreme Poverty and Human Rights

4.9 The Working Group on Human Rights and Transnational Corporations and other
Business Enterprises

4.10 Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination,
Xenophobia and Related Intolerance

4.11 Special Rapporteur on Indigenous Peoples

4.12 Special Rapporteur on Climate Change and Human Rights

4.13 Complaint submitted to special mandate holders on Rights of Indigenous Peoples in
addressing climate-forced displacement

4.14 Conclusion

Part III

Treaty-based mechanisms

5 UN Human Rights Committee

5.1 Introduction and mandate

5.2 General comments

5.3 Concluding observations

5.3.1 Environmental pollution, environmental management and natural resource management

5.3.2 Climate change

5.3.3 Indigenous peoples

5.4 Individual communications

5.5 Conclusion

6 Committee on Economic, Social, and Cultural Rights

6.1 Introduction

6.2 General comments

6.3 Concluding observations

6.3.1 Climate change

6.3.2 Environmental pollution, environmental degradation, and environmental impact of mining operations and extractive industries

6.3.3 Sustainable Development and Sustainable Development Goals

6.3.4 Indigenous rights

6.3.5 Human rights defenders

6.4 Resolutions, statements and press releases

6.5 Conclusion

7 Committee on the Elimination of Discrimination Against Women

7.1. Introduction and mandate

7.2. General recommendations

7.2.1 Sustainable development and SDGs

7.2.2 Environmental impact assessments and free, prior and informed consent

7.2.3 Climate change

7.3. Concluding observations

7.3.1 Climate change

7.3.2 Sustainable Development Goals (SDGs)

7.3.3 Environmental pollution

7.3.4 Renewable energy

7.3.5 Women human rights defenders

7.4 Conclusion

8 Committee on the Rights of the Child

8.1 Introduction and mandate

8.2 General Comments

8.2.1 Proposed General Comment on Environment and Climate Change

8.3 Concluding observations

8.3.1 Climate change

8.3.2 Environmental health/pollution/degradation

8.3.3 Children’s rights and the business sector

8.3.4 Sustainable Development/SDGs

8.3.5 Other issues discussed/recommendations made

8.4 Individual complaints

8.4.1 Amici curiae brief of Special Rapporteurs

8.4.2 CRC Committee decision

8.5 Conclusion

9 Other Treaty Bodies

9.1 The Committee on the Rights of Persons with Disabilities

9.1.1 General comments

9.1.2 Concluding observations

9.1.3 Disaster risk reduction and climate change

9.1.4 Other relevant provisions

9.2 Committee on the Protection of Rights of All Migrant Workers and Members of their
Families

9.2.1 General comments

9.2.2 Concluding observations

9.3 Committee on the Elimination of Racial Discrimination

9.3.1 General recommendations

9.3.2 Concluding observations

9.4 Conclusion

10 UN Human Rights Institutions and the Environment: Reflections, Challenges, Trajectories

10.1 Introduction

10.2 Principles, guidelines and standards

10.3 General comments

10.4 Individual communications

10.5 Critiques

10.6 Challenges

10.7 Fragmentation, cohesion, or cross-fertilization?

10.8 A research agenda for the future

Index