OPINION
6 Obiter Dicta
Recognizing Environmental Rights
Environmental Sustainability in the Sustainable Development
Goals
ê Photo credit: United Nations
jerico espinas › staff writer
I
nternational
discussions
on
environmental sustainability has increased
since the unanimous passing of the Sustainable
Development Goals (SDGs) in September.
Given the SDG’s broad approach to addressing the
connection between international development
and the environment, countries are looking for
opportunities to discuss realistic ways to implement
these goals. As such, many world leaders are preparing
for the 2015 UN Climate Change Conference, which
is scheduled to occur in Paris from November 30 to
December 11. The topic of the conference itself is
not new; as it will be the 21st meeting between UN
members to discuss the environment since the 1992
United Nations Framework Convention on Climate
Change. It is, however, the first conference to provide
insight into how environmental sustainability can be
implemented both domestically and internationally.
An important issue surrounding environmental
sustainability and international development
is the recognition of environmental rights. The
Stockholm Declaration on the Human Environment
in 1972 historically proclaimed that “[mankind] has a
fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality
that permits a life of dignity and well-being.” Since
then, many countries have attempted to recognize
environmental rights in their legal system by
creating environmental legislation and constitutional
provisions.
Having domestic recognition of environmental
rights is significant in improving environmental
outcomes. Explicit recognition often leads to stronger
environmental regulations, better enforcement
by proper authorities, and more informed
court decisions that set strong precedents for
environmental protection. Many countries have also
improved their approach to addressing pollution,
minimizing waste, providing safe drinking water,
and other environmental issues by studying countries
with strong environmental policies.
Canada is no exception to these changes. Although
Parliament failed to pass Bill C-469, the Canadian
Environmental Bill of Rights, some provinces and
territories have explicitly recognized environmental
rights. In Quebec, there is the Environmental
Quality Act, which was passed in 1978 and was
included in the provincial Charter of Human Rights
and Freedoms in 2006. In Ontario, there is the
Environmental Bill of Rights, which came into effect
in 1993 and recognized “the inherent value of the
natural environment” and “a right to a healthful
environment.” Additionally, all three territories have
environmental rights legislation. In this way, Canada
joins, at least in part, an international conversation
surrounding the protection of the environment.
International bodies have also enacted treaties
that recognize environmental rights, with different
agreements and procedures discussing key
environmental issues such as toxic waste, Indigenous
rights, and climate change. Notably, there are no
international doctrines that explicitly consider the
right to a healthy environment as a universal human
right, with some controversy over the effects of
officially elevating it to such a status. However, there
are clear connections between the two. For example,
many international environmental procedures w W&P