Background

Promoting Environmental Democracy: Procedural elements of the human right to a clean, healthy and sustainable environment

The Special Rapporteur has completed a series of six thematic reports on the substantive elements of the human right to a clean, healthy and sustainable environment, including clean air, safe and sufficient water, healthy and sustainably produced food, non-toxic environments, healthy ecosystems and biodiversity and a safe, livable climate. He would like to seek inputs on the procedural or participatory elements of the right to a clean, healthy and sustainable environment, including access to information, public participation and access to justice with effective remedies. In light of the Framework Principles on Human Rights and the Environment, the report will also address related topics including the rights to environmental education, freedom of expression and association, and safe spaces for environmental human rights defenders. The Special Rapporteur is seeking inputs on the topic from States, rightsholders and stakeholders through responses to the questions below.

Your replies will inform the Special Rapporteur’s analysis and contribute to a report, which will be presented at the 55^th session of the Human Rights Council.

Questions

The Special Rapporteur invites and welcomes your answers to the following questions:

1. What are States’ obligations—and businesses’ responsibilities—related to the rights to access information, public participation and access to justice with effective remedies in environmental matters? What are the major barriers to the full enjoyment of these rights? How can these barriers be overcome?
2. What are States’ obligations related to the right to environmental education, and the rights to freedom of expression and freedom of association in environmental contexts? What are the major barriers to the full enjoyment of these rights? How can these barriers be overcome?
3. What can States and businesses do to ensure the safety of environmental human rights defenders?
4. Please specify ways that the rights to environmental education, access to information, public participation and access to justice with effective remedies, freedom of expression and freedom of association can be fulfilled for populations who may be particularly vulnerable to climate and environmental harms (e.g. women, children, persons living in poverty, Indigenous Peoples and traditional communities, older persons, persons with disabilities, ethnic, racial or other minorities and displaced persons).
5. To what extent have the two regional treaties on environmental democracy—the Aarhus Convention and the Escazu agreement—been effective in advancing human rights related to access to information, public participation, access to justice with effective remedies, environmental education, freedom of expression and association, and safe spaces for environmental human rights defenders?
6. Please provide examples of good practices related to access to information, public participation, access to justice with effective remedies, environmental education, freedom of expression and association, and safe spaces for environmental human rights defenders.

How inputs will be used

Your replies will inform the Special Rapporteur’s analysis and contribute to a report which will be presented at the 55^th session of the Human Rights Council.

Download the questionnaire (WORD):
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