28
Council, the nations participating in the Climate Vulnerable Forum, and the
Government of the Philippines.106
2.60. As a matter of fact, in issuing the Rules of Procedure for
Environmental Cases,107 the Supreme Court noted that “[t]he protection of
environmental rights in a human rights context at a domestic level is not a
new concept. Many countries around the world provide some protection of
environmental rights within their human rights charters.”108 The Supreme
Court cited Earthjustice’s 2005 Environmental Rights Report (Human
Rights and the Environment), to wit:
“Numerous constitutions of the nations of the world
guarantee a right to a clean and healthy environment or a
related right. Of the approximately 193 countries of the
world, there are now 117 whose national constitutions
mention the protection of the environment or natural
resources. One hundred and nine of them recognize the
right to a clean and healthy environment and/or the state’s
obligation to prevent environmental harm. Of these, 56
constitutions explicitly recognize the right to a clean and
healthy environment, and 97 constitutions make it the duty
of the national government to prevent harm to the
environment.
Fifty-six constitutions recognize a
responsibility of citizens or residents to protect the
environment, while 14 prohibit the use of property in a
manner that harms the environment or encourage land use
planning to prevent such harm. Twenty constitutions
explicitly make those who harm the environment liable for
compensation and/or remediation of the harm, or establish a
right to compensation for those suffering environmental
injury. Sixteen constitutions provide an explicit right to
information concerning the health of the environment or
activities that may affect the environment.”109
2.61. The inextricable relationship of environmental and human
rights calls for a holistic and integrated approach in the treatment of issues,
contrary to the view of the respondents.
ii.
106
The Honorable Commission is duty-bound to
protect and promote all forms of human rights
found in international human rights and
environmental agreements.
Please see discussion on this point in the Petition dated 09 May 2016, pp. 8-15.
A.M. No. 09-6-8-SC
108
Rationale to the Rules of Procedure for Environmental Cases, supra.
109
Earthjustice’s 2005 Environmental Rights Report (Human Rights and the Environment), available at
http://earthjustice.org/sites/default/files/library/references/2005_ENVIRONMENTAL_RIGHTS_REPORT
rev.pdf, last accessed on 01 January 2017.
107
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