The European Parliament has published a study requested by the Subcommittee on Human Rights (DROI) and coordinated by the Trans European Policy Studies Association (TEPSA).
“Environmental human rights defenders: new developments and their implications for the European Union and the European Parliament” is authored by Claudia ITUARTE-LIMA, Senior Researcher, Leader of the Human Rights and the Environment Thematic Area, Raoul Wallenberg Institute of Human Rights and Humanitarian Law; Maria Andrea NARDI, Senior Researcher, Department of Human Geography, Lund University and Raoul Wallenberg Institute of Human Rights and Humanitarian Law; and Britta SJÖSTEDT, Senior Lecturer, Faculty of Law, Lund University.
Coordination was managed by TEPSA Project Manager Sonia Chabane, TEPSA Programme Manager Eva Ribera, and TEPSA Project Assistant Ana Leladze.
Abstract
This paper provides an overview of both long-standing and new legal and policy developments concerning Environmental Human Rights Defenders (EHRDs). The focus is on four major components: i) observing different approaches and understandings about EHRDs; ii) analysing the content of international obligations concerning EHRDs and mechanisms for reviewing implementation and accountability; iii) discussing the opportunities and challenges of using European Union (EU) instruments to advance the realisation of EHRDs’ rights; and iv) exploring EU collaboration with other regions on environmental democracy and EHRDs’ rights. The paper reports on recent vital breakthroughs, driven partly by EHRDs, including recognition of the right to a healthy environment by the United Nations, as well as progress from voluntary guidelines to binding provisions on human rights and sustainability due diligence. Yet, contrary to the principles of non-regression and progression, the paper also shows that key legal and institutional advances are at risk of being weakened or even reversed. Recommendations are provided for the EU to strengthen the realisation of EHRDs’ rights and their role as custodians of the right to a healthy environment, not only for themselves but also for others who cannot raise their voices, namely future generations and other living beings.
