Critical review

The human rights approach to environmental protection, also known as the "rights-based approach," is a form of environmental law that seeks to protect human rights, particularly social and economic human rights. This type of law has been referred to by many different names in the past – "human rights-based approach", "human needs approach", and "rights-based framework for environmental protection". At the European level, it has been known as "integrated pollution prevention and control (IPPC)".

Human rights approaches to environmental regulation seek to work alongside traditional, non-human rights-based regulation of the environment. For example, within the UNECE (United Nations Economic Commission for Europe) Convention on Long-range Transboundary Air Pollution, there is a progressive human rights-based geo-engineering package to reduce pollution levels. The UNECE European Regulation on Integrated Pollution Prevention and Control (IPPC) is a non-human rights-based regulatory regime. Human rights approaches may seek to influence the implementation of human rights legislation under the auspices of general legislative competence and accept scope restrictions on aspects where such an approach could be inappropriate. In many cases, human rights approaches will be used alongside environmental regulation at the local level. The human rights approach to environmental protection can also be used with specific human rights instruments. For example, the European Union has incorporated obligations relating to the environment into its general human rights law through the Charter of Fundamental Rights and other legal frameworks, such as EU Directive 2000/60/EC on air quality standards for sulphur dioxide, nitrogen dioxide and particulate matter.

Human rights approaches to environmental protection seek to align social and economic development progress (often referred to as sustainable development) with corresponding growth inequality and opportunity without compromising on respect for human dignity or fundamental freedoms. The cons of human rights approaches are also important to consider:

These advantages and disadvantages of a human rights approach to environmental protection will depend on the specific policy context of each country or region. For example, in some situations, the main cultural or religious values may be seen as overriding the promotion of social and economic human rights. In other cases, not be adequately reflected in policies such as legal frameworks for environmental regulation or protection. These issues must be carefully considered when developing or enhancing human rights-oriented strategies for improving environmental protection.

There are many different types of human rights approaches to environmental protection. Some of these examples may be used as a starting point for the discussion and analysis of this question.

For example, the UNECE Convention on Long-range Transboundary Air Pollution contains a progressive geo-engineering package to improve air quality levels (see Article 6 of the Convention). This geo-engineering package focuses on improving energy efficiency and transport sectors. It is intended to include an overall review by 2010 to maximize economic growth without compromising environmental protection goals.

The African regional human rights instruments also provide an interesting example. The African Charter on Human and Peoples' Rights (ACHPR) (adopted in 1981) contains several environmental rights provisions. The ACHPR does not include specific rights to a healthy environment but implicitly affirms the broader concept of human well-being utilizing Articles 2 and 3's protection of the right to "a satisfactory general environment" and the right to development, respectively.

Another example is the European Union law. The EU Directive 2000/60/EC on air quality standards for sulphur dioxide, nitrogen dioxide and particulate matter sets EU-wide ambient air quality limit values for these pollutants.

The main strength of the human rights approach to environmental law is its ability to resolve environmental problems within a rights-based framework. Implementing this framework can vary depending on the policy context and country. The notion of sustainable development, which relates to the SDGs, is a good example of how applying rights-based approaches can increase social and economic equality across society without compromising respect for human dignity or fundamental freedoms. For example, it provides an appropriate way to achieve goals such as gender equality, eradicating poverty and ensuring that all children have at least access to basic education (SDG 1). See also

The main area for improvement of a human rights approach is that it can be difficult to apply human rights norms that are not written into national law. For example, the positive obligations set out in the ACHPR (e.g. providing everyone "a generally satisfactory environment") may require State parties to develop positive legal obligations on an environmental issue. Still, these obligations will only ensure that some have the same environmental quality.

The European Union Directive 2000/60/EC on air quality standards for sulphur dioxide, nitrogen dioxide and particulate matter does not contain specific positive obligations regarding air pollution, leaving some significant gaps in human rights compliance.

There are two main strengths of a human rights approach to environmental law. First, it provides an appropriate legal framework for addressing environmental concerns. The second is using civil and political rights as a basis for protecting the environment by States.

The main area for improvement of a human rights approach to environmental law is that it can be difficult to apply human rights norms that are not written into national law. For example, the positive obligations set out in the ACHPR (e.g. providing everyone "a generally satisfactory environment") may require State parties to develop positive legal obligations on an environmental issue. Still, these obligations will only ensure that some have the same environmental quality.

The European Union Directive 2000/60/EC on air quality standards for sulphur dioxide, nitrogen dioxide and particulate matter does not contain specific positive obligations regarding air pollution, leaving some significant gaps in human rights compliance.

Several potential topics can be considered through the human rights lens: International law can be used to protect individual interests when developments effectively displace individuals due to their particular interests being prioritized (e.g. due to their age, gender, and sexual orientation). As the issue of climate change is currently considered by some to be a social and political problem requiring State action, this distinction should be considered to allow States to address climate change effectively (as a human rights concern). Gender equality can play an important role in the protection of natural resources as well as those who are most vulnerable.

The above issues demonstrate that several potential topics can be considered through the human rights lens when developing environmental protection strategies. However, further discussion will need to consider the extent to which a human rights approach is suitable for each specific policy area.

Human rights have a role to play in environmental law. The human right to a healthy environment is important, although the interpretation of this right will depend on the country's specific context. The idea that a healthy environment is integral to "the dignity of man" requires practitioners and policymakers to be aware of both human rights and the environment. This way, individuals can enjoy their rights and a healthy environment in which they can lead a life without fear or threat. The human rights approach towards environmental law has great potential, but some limitations exist.