The Judiciary: Breathing Life into the Human Right to Life

Abstract

The UN General Assembly (UNGA) recognized the human right to the environment on July 28, 2022 (resolution. 76/300). It came as a sequel to the Human Rights Council (HRC) resolution (48/13) of October 8, 2021 on the identical theme. The right is the foundation for all other human rights and for the UN Sustainable Development Goals 2030 (SDGs 2030). Most States have recognized the right in national constitutions and law. While international tribunals can be expected to clarify and enforce the human right to the environment, it is the national and sub-national courts where the right will be invoked and enforced. These national legal proceedings have begun. They face significant opposition by vested interests, as well as the inertia favoring business as usual. A case study examining the initial decisions in the State of New York (USA) illustrates the character of opposition to observing the right to the environment. Ultimately, procedural “due process of law” will combine with the substantive “human right to the environment” to build needed rigor into laws mandating stewardship of the nature and human wellbeing.