quality of life and the very health of human beings, including generations unborn.” 33
53.
Subsequently, in the case concerning the Gabčíkovo-Nagymaros Project, the
International Court of Justice emphasized the great importance of the environment, not only for
the States, but also for all humanity, as follows:
“The Court recalls that it has recently had occasion to stress [...] the great significance
that it attaches to respect for the environment, not only for States but also for the whole of
mankind.” 34
54.
In addition, international organizations such as the Organization of American States and
the United Nations, whose mandate includes the protection of human rights, have recognized the
undeniable connectivity between the protection of the environment and the full exercise and
enjoyment of human rights.
55.
Similarly, the Inter-American Commission on Human Rights has frequently affirmed:
“[...] even though neither the American Declaration of the Rights and Duties of Man nor
the American Convention on Human right include express references to the protection of
the environment, it is clear that several rights of a fundamental nature that are recognized
in these instruments require, as a precondition for their due exercise, a minimum
environmental quality, and are profoundly affected by the degradation of natural
resource.” 35
56.
Meanwhile the Inter-American Court of Human Rights has asserted that:
“[I]n accordance with the case law of this Court and the European Court of Human
Rights, there is an undeniable link between the protection of the environment and the
enjoyment of other human rights. The ways in which environmental degradation and the
adverse effects of climate change have impaired the effective enjoyment of human rights
in the continent has been the subject of discussion by the General Assembly of both the
Organization of American States and the United Nations. It should also be noted that a
considerable number of States Parties to the American Convention have adopted
constitutional provisions which expressly recognize the right to a healthy environment.” 36
57. Again citing the Stockholm Declaration adopted at the 1972 United Nations Conference
on the Human Environment, the enjoyment of fundamental rights presupposes per se access to
an environment ��of quality” as established in Principle 1 of this Declaration:
“Man has the fundamental right to freedom, equality and adequate conditions of life, in an
33
I.C.J., Legality of the threat or use of nuclear weapons, Advisory Opinion of July 8, 1996, para. 29.
34
I.C.J., Case concerning the Gabčíkovo-Nagymaros Project, judgment of September 25, 1997, para. 53.
35
IACHR, Report on the situation of human rights in Ecuador. Doc. OEA/Ser.L/V/II.96, Doc.10 rev.1, April
24, 1997; IACHR, Indigenous and tribal peoples’ rights over their ancestral lands and natural resources. Norms and
jurisprudence of the inter-American human rights system. OEA/Ser.L/V/II, Doc. 56/09 (December 30, 2009), para.
190 and, more recently, in: IACHR, The Kuna Indigenous People of Madungandi and the Embera Indigenous
People of Bayano and their members, Report No. 125/12, Case 12,354, Merits, para. 233.
36
ICourtHR, Case of Kawas Fernández v. Honduras, merits, reparations and costs. Judgment of April 3, 2009.
Series C No. 196, para. 148.
60
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents