The right to a healthy environment is a fundamental right

You might think that the impact of the tariff war imposed on Canada by the Trump administration in the United States would prompt us to set aside other concerns. The opposite is true. It is now, at this historic moment, that the defense of all human rights for all is so crucial.

The right to a clean, healthy and sustainable environment is a fundamental right. The United Nations General Assembly recognized it in 2022 by a majority vote[1] . This may seem obvious to some, but let’s not forget that all human rights are affected by a clean and healthy environment, including the right to life, family, housing, education, freedom of movement, work and security.

The Universal Declaration of Human Rights sets out clear and unequivocal principles of fairness. These principles unite the vast majority of us around equality for all. The right to a clean, healthy and sustainable environment is essential if all other rights are to become a reality, as is clearly underlined by numerous United Nations committees and the Pact for the Future signed by 143 countries in September 2024.

Pollution and the destruction of biodiversity affect agriculture. They have an impact on prices and access to food for all, having an even greater impact on the most marginalized people and their rights to food, dignity and work. Global warming will exceed the 1.5°C threshold in 2024. This has a major impact on small islands exposed to rising sea levels, hurricanes and other extreme weather events. People will lose their homes, their livelihoods and their aspirations for a fair and equitable future. At the heart of this crisis are the fundamental rights to dignity, a livable future and property.

In Canada, in June 2023, the Canadian Environmental Protection Act, 1999 (CEPA) was amended to recognize that everyone in Canada has the right to a healthy environment.[2] In 2015, Canada and 194 other countries signed the Paris Agreement, an agreement aimed at combating climate change. A number of challenges lie ahead as we enter an era of uncertainty, and the fulfilment of international commitments is threatened.

But we must never give up!

We must draw inspiration from the efforts of Indigenous leaders in Canada and around the world. The Ekuanitshit Innu Council and the Minganie Regional Municipal Council have granted the Magpie River legal personality, which confers rights on it, including the right to its integrity. [3]

Litigation could also lead to significant changes. In November 2023, the Inter-American Court of Human Rights ruled in Peru that governments must prevent private companies from causing harm. The case was led by Astrid Puentes Riaño, recently appointed UN Special Rapporteur on Human Rights and the Environment, who represented the people of La Oroya when she worked for AIDA in collaboration with APRODEH in Peru.[4]

The International Court of Justice will decide this year, after hearing from more than 100 countries and organisations, on the obligations of nations with regard to climate change and the measures they must take to mitigate it. [5]

We must never give up our efforts to achieve climate justice. There are many paths to achieve it, and the right to a healthy environment is a fundamental tool to make it happen.

[1] https://press.un.org/en/2022/ga12437.doc.htm

[2] https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/right-to-healthy-environment.html

[3] https://www.lapresse.ca/arts/television/2025-02-03/le-docu-de-la-semaine/je-suis-magpie-portrait-d-une-riviere-qui-a-de-la-personnalite.php

[4] Q&A: The U.N.’s New Special Rapporteur for Human Rights and Environment Previously Won a Landmark Case in Peru – Inside Climate News

[5] https://news.un.org/en/story/2024/12/1157671

Article written by: Odette McCarthy, Executive Director & Jean-Sébastien Vallée, Director of Education and Communications