Pushing the United Nations for Recognition of Access to a Clean Environment as a Human Right

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The United Nations Human Rights Council passed Resolution 48/13 in October 2021. The Resolution recognizes as a human right a person’s access to a clean, healthy, and sustainable environment. Non-governmental organizations are now pushing the United Nations General Assembly to formally adopt Resolution 48/13.

The United States did not take part in the October 2021 vote because it was not a member of the UN Human Rights Council at the time. Of course, the United States will be present should Resolution 48/13 come before the UN General Assembly. Just before the October 2021 vote, the United States raised concerns that recognizing a human right to access a clean, healthy, and sustainable environment might dilute traditional civil and political rights.

Formal adoption of Resolution 48/13 by the UN General Assembly, though it lacks legal force, would symbolically bring rights-based approaches to bear on global environmental issues and potentially expand legal conceptions of environmental protection.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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