CYIL vol. 15 (2024)

CYIL 15 ȍ2024Ȏ LINKING HUMAN RIGHTS AND THE ENVIRONMENT … enshrine the enjoyment of the highest attainable standard of health as a fundamental right of every human being, namely, the right to health. 44 In its Preamble it is stated that: Health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity [and] . . . [t]he enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition. 45 [Emphasis added] From this one can withhold that it is a comprehensive right extending not only to timely and appropriate health care but also to the underlying determinants of health, for example access to health information, access to water, food, and housing. 46 On 28 July 2022, an important step was taken by the UN General Assembly in countering the alarming decline of the natural world when it passed a resolution declaring that everyone on the planet has a right to a healthy environment. 47 The General Assembly said that climate change and environmental degradation were some of the most pressing threats to humanity’s future. 48 These are just some of the various milestones that the author finds suitable to mention with respect to environmental development at the international level and its link with the right to human health and well-being, thus many more could be added. Lastly, some international human rights conventions should be mentioned which recognize implicitly the right to a healthy environment in human rights terms. Most human rights treaties were drafted and adopted before environmental protection became a matter of international concern and thus there are relatively few references to environmental matters in international human rights instruments. 49 There are namely three conventions worth mentioning in this respect. The first international human right instrument that endorsed the right to health as a stand-alone right was the 1966 International Covenant on Economic, Social and Cultural Rights 50 (ICESCR). Article 12 of the ICESCR recognizes: ‘the right of everyone to the enjoyment of the highest attainable standard of physical and mental health’. The ICESCR thus makes it clear that the right encompasses both mental and physical elements, but the former has often been neglected. 51 Moreover, the UN Convention on the 44 It should be noted that the right to health is not the same as the right to be healthy. Thus, the former refers to the right to the enjoyment of a variety of goods, facilities, services and other conditions important for its realization. The letter, however, is influenced by factors that are outside the direct control of states such as socio-economic conditions. See, Fact Sheet No. 31. The Right to Health: op. cit ., p. 5. 45 Constitution of the WHO: op. cit ., Preamble. 46 Ibid. 47 file:///C:/Users/petra/Downloads/A_RES_76_300-EN.pdf (accessed 8 October 2024). 48 https://www.unep.org/news-and-stories/story/historic-move-un-declares-healthy-environment-human-right (accessed 8 October 2024). 49 SHELTON, Dinah: Human Rights, Health and environmental protection, p. 12. 50 Adopted by the General Assembly on 16 December 1966. Entered into force on 3 January 1976. 51 See Article 12. Available online at: http://www2.ohchr.org/english/law/cescr.htm (accessed 29 October 2012). In addition, the ICESCR provide that these rights shall be implemented on the basis of non-discrimination and on the principle of equality, Articles 2(2) and (3). See UN Office of the High Commissioner for Human Rights: op. cit ., p. 9. 22 July 1946. Entered into force on 7 April 1948. Available online at: http://www.who.int/governance/eb/ who_constitution_en.pdf (accessed 29 October 2012).

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