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Abstract:

In the topic of environmental law as human rights Discuss about what are the aspects
human rights similar in environmental laws . Human rights are not granted any one .It’s inherent
to all human beings with regardless of sex, nationality, ethnicity, language, Religion, or any other
status. Than we know about environment how to related in the Human rights .which had been
discuss about Right to clean ,healthy and sustainable environment .It was guaranteed by united
national human rights commission . Otherwise United Nations Environment Programmed
(UNEP) addresses environmental issues at the global and regional levels. One of its key mandates
is to promote the development and implementation of international environmental law. As per
Andersen, the resolution “was five decades in the making.” From a “foothold” in the 1972
Stockholm Declaration, where Member States recognized the right to “an environment of a
quality that permits a life of dignity and well-being,” she said countries have integrated the right
into constitutions, national laws, and regional agreements, and in 2021, the UN Human Rights
Council elevated its status to that of “universal recognition”. More recently, in June 2022, UN
Member States and stakeholders issued a call to recognize and implement the right to a clean,
healthy, and sustainable environment as part of the outcome of the Stockholm+50 meeting,
which included ten recommendations “for accelerating action towards a healthy planet for the
prosperity of all.”

Introduction:

In July 2022, the United Nations welcomed the recognition by the General Assembly
that a Clean, healthy, and sustainable environment is a human right. This recognition followed the
UN human Rights Council resolution 48/13 which Acknowledged the right in October 2021. These
Resolutions represent a landmark achievement in mobilizing to protect the human right to a healthy
environment and the interdependent and indivisible human rights which depend on it. recognition
of the right to a healthy environment empowers all people with a critical tool to hold Their
governments, big polluters and all those Responsible for environmental harm to account. All
people have the right to a clean, healthy and Sustainable environment. As human rights and the
Environment are interdependent, a clean, healthy and sustainable environment is necessary for the
Full enjoyment of a wide range of human rights, Such as the rights to life, health, food, water and
Sanitation and development, among others. At the same time, the enjoyment of all human Rights,
including the rights to information, Participation and access to justice, is of great Importance to
the protection of the environment. 1 I have discuss UN human rights declarations related recent
conventions.

Human rights as the Environment rights:

Environmental rights means any proclamation of a human right to environmental

conditions of a specified quality. This means that they are not abstract, remote, irrelevant concepts;
they are measurable, prominent and functional aspects of society and its ecology. More than 100
countries incorporate constitutional rights to a healthy environment. When environmental rights
are violated, people and the planet suffer from reduced health and well-being.

On 28 July 2022, the United Nations General Assembly (UNGA) adopted a resolution declaring
that everyone on the planet has a right to a healthy environment. This landmark decision is the
result of decades of mobilization of various stakeholders. The resolution, based on a similar text
adopted in October 2021 by the Human Rights Council, calls upon States, international
organizations, and business enterprises to scale up efforts to ensure a healthy environment for all.

David R. Boyd is the current Special Rapporteur on human rights and the environment with the
following mandate:

• Continue to study the human rights obligations relating to the enjoyment of a safe, clean,
healthy and sustainable environment
• Continue to identify, promote and exchange views on good practices relating to human
rights obligations and commitments to inform, support and strengthen environmental
policy making, especially in the area of environmental protection
• Promote and report on the realization of human rights obligations relating to the enjoyment
of a safe, clean, healthy and sustainable environment, and to disseminate his findings by,
inter alia, continuing to give particular emphasis to practical solutions with regard to their
implementation

1
Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe,
clean, healthy and sustainable environment, A/73/188 (19 July, 2018). Available at https://documents-dds-
ny.un.org/doc/UNDOC/GEN/N18/231/04/PDF/N1823104.pdf?OpenElement
 • Work on identifying challenges and obstacles to the full realization of human rights
obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment
and protection gaps thereto, including in the context of sustainable development
• Continue to contribute to and participate in conferences and meetings relevant to the
mandate, including at the United Nations Environment Assembly
• Develop a dialogue with all relevant stakeholders to enhance public awareness of the
human rights obligations relating to the enjoyment of a environment
• Conduct country visits and to respond promptly to invitations from States2

Universal Periodic Review

The Universal Periodic Review (UPR) is a unique process which involves a review of the human
rights records of all UN Member States. The UPR is a State-driven process, under the auspices of
the Human Rights Council, which provides the opportunity for each State to declare what actions
they have taken to improve the human rights situations in their countries and to fulfill their human
rights obligations.

Environment @HRC55:

The 55th regular session of the Human Rights Council (HRC55) is taking place in Geneva and
online from 26 February to 5 April 2024. This regularly updated page highlights the
environmental-related activities of this session.

2
https://www.ohchr.org/en/special-procedures/sr-environment.
In this conduct separately such as;

• Right to clean healthy and substantive environment.

• Environmental human right defenders.
• Right to food and environment
• Cultural rights and the environment
• Climate change and human rights.
(I) Right to clean healthy and substantive environment:

The United Nations General Assembly‘s historic decision in July 2022 to recognize that everyone
has the right to a clean, healthy and sustainable environment has placed this landmark recognition
at the forefront of the human rights agenda, following the same recognition by the Human Rights
Council in October 2021. Not only is this a catalyst for accelerated action to tackle the triple
planetary crisis, but it also places our attention on people and communities in vulnerable situations.

The right to a clean, healthy and sustainable environment is the usual main environmental theme
of the Council’s March sessions, with the Special Rapporteur’s annual Report to the Council.

A.Substantive environment under Indian constitution:

• Human rights in India are guaranteed fundamental rights as III part (Article 12 -35)of the
constitution
• In India, the jurisdiction of the supreme court widened the scope of the right to life in
Article 21 including the right to wholesome environment.
• In various cases of M.C. Mehta courts reiterated that right to clean environment is a basic
human rights.
(II) Environment human rights defenders:

Environmental human rights defenders (EHRDs) are those who strive to protect, promote and
safeguard a clean, healthy, and sustainable environment, as recognized in HRC Resolution 40/11.
From the local to the international level, the efforts of EHRDs have provoked responses to the
three interlinked environmental crises afflicting our planet – the loss of biodiversity, pollution, and
climate change. However, evidence suggests that they remain highly vulnerable and under attack
across the globe.
Environmental rights are not abstract, remote, irrelevant concepts;
they are measurable, prominent and functional aspects of society and its ecology. More than 100
countries incorporate constitutional rights to a healthy environment, yet communities and
environmental defenders continue to face the worst consequences. When environmental rights are
violated, people and the planet suffer from reduced health and well-being.

LATEST NEWS

UAE: UN expert denounces new charges brought against jailed human rights defenders during
COP28 | OHCHR | 14 December 2023

The United Arab Emirates had opened fresh trials against human rights defenders, who were
already due to be released, while it was hosting COP28,

(III) Right to Food and Environment:

Hunger and food insecurity are global problems. According to the State of Food Security and
Nutrition in the World 2023, 783 million people in the world faced hunger in 2022. This problem
is likely to get worse given the expected increase in the world’s population and the stress on natural
resources. Moreover, unsustainable food production and consumption practices have led to
environmental degradation and exacerbated climate change. In return, food systems suffer from
the triple planetary crisis of climate change, biodiversity loss and pollution, which can prevent the
realization of human rights, including the right to food.

Each year on 16 October, World Food Day reminds us that we all have a role to play to realize
the vision of a world without hunger and malnutrition. We must not let sustainable habits fall by
the wayside in times of crisis. We can make healthy food choices and do our part to reduce food
waste. In addition, governments, enterprises, and organizations can share their knowledge and
support sustainable, resilient food systems and livelihoods. Together, UN published editions there
are ;

• World Food Day 2023 | Water is life, water is food. Leave no one behind.
• World Food Day 2022 | Leave NO ONE behind.
Another important think of the essay is climate change and human rights is interlinked aspect of
the society such discribed peoples .

(IV) Climate Change and Human Rights

Climate change is an existential threat for people and the planet. Its harmful effects undermine the
full enjoyment and realization of all human rights, disproportionately affecting those who are
already in vulnerable situations. Over the past years, the Human Rights Council took on resolutions
and discussions on specific aspects of climate change, while Special Rapporteurs contributed with
reports on specific thematic angles within their mandates.

There are conduction resolutions in yearly once for climate change and human rights;

• Resolution 50/9 (July 2022): The Council recognized that the adverse impacts of climate
change negatively affected the realization of the right to food. It requested the Secretary-
General and the High Commissioner to prepare reports on the issue, followed by a panel
discussion and interactive dialogues on the topic.
• Resolution 47/24 (July 2021): The Council recognized that the rights of people in
vulnerable situations were disproportionately affected by the negative impact of climate
change. It requested the Secretary-General to prepare a report on the issue and decided that
a panel discussion on the topic be held at the 50th Council session. The Council also decided
to incorporate into its annual programme of work, beginning in 2023, a panel discussion
on different themes related to climate change and human rights.

Appointments at HRC55 :

The Human Rights Council will also be appointing environment-related expert mechanism and
special procedure mandate holders at its 55th session. These include:

Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe,
clean, healthy and sustainable environment (Candidates proposed by the Consultative Group to
the President).Special Rapporteur on the promotion and protection of human rights in the context
of climate change (Candidates proposed by the Consultative Group to the President)

Members of the Working Group on the rights of peasants and other people working in rural areas.
Members from Africa and North America of the Expert Mechanism on the rights of Indigenous
Peoples.

Conclusion:

In this essay discuss about human beings living is sending upon the natural. Which
broadly discuss environmental protection . Sustainable development, clean and health
environment, food also included the environment protection .In our supreme various cases discuss
about environment protection as well as UN general assembly and UDHR ,UPR and HR@55 that
councils are discuss and conduct meetings and conferences in yearly once for development of
environment. I finally concluded my aspect and some reaches relating to environmental as human
rights.

References:

• https://www.ohchr.org/en/climate-change/human-rights-council-resolutions-human-
rights-and-climate-change
• https://wedocs.unep.org/handle/20.500.11822/32450;jsessionid=E57A63913977F3C5
9AD4B20ADCF2A3BF#:~:text=The%20substantive%20elements%20include%20cl
ean,and%20healthy%20biodiversity%20and%20ecosystems.
• https://www.genevaenvironmentnetwork.org/environment-geneva/key-areas-
sdg/key-areas/human-rights-environment/.