In October 2021, the Human Rights Council voted in favour of the recognition of the right to a clean, healthy and sustainable environment. In late July 2022, it was the turn of the UN General Assembly to vote for or against the adoption of the resolution to recognise this right.
By adopting the text with 161 votes in favour, 8 abstentions and no votes against, the states of the UN General Assembly demonstrated strong unity to address the environmental and climate crisis. At a time when global temperatures are reaching historic highs, this vote recognises that everyone in the world has the right to live in a clean, healthy and sustainable environment.
Towards new environmental laws and a better access to environmental justice against polluting actors
This vote is the result of several years of fight led by thousands of movements, people affected by climate change and organisations, including FIDH and its members, who work daily and everywhere in the world to defend the planet. In September 2021, FIDH launched the #SeeYouInCourtcampaign, whose objective was to demand the recognition of the right to a healthy environment on behalf of communities affected by polluting companies.
Although this text is not legally binding for member states, it marks the emergence of a new universal paradigm : recognising environmental protection as a fundamental human right. This resolution could encourage states to adopt new constitutional norms and environmental laws, for example to regulate and control the activities of polluting companies. It may also lead to the development of stronger legal mechanisms to ensure access to environmental justice for affected communities.
While FIDH welcomes the adoption of this new resolution, it continues to urge States to mobilise massively to advance laws towards a better protection of the environment and a better accountability of polluting actors. This is why FIDH calls on the European Union, which is currently working on a proposal for a directive on due diligence, to be ambitious so that companies are held accountable for the negative impacts on the environment and human rights they cause.