Right to a healthy environment

[3][21] This was endorsed by a number of committees at the UN level, as well as local legal communities such as the New York City Bar,[22] in 2020.

[23][24] The effects of climate change on human rights are presented by OHCHR in a fact sheet with the most frequently asked questions on the subject.

[25] In 2021 during its 48th session, the United Nations Human Rights Council adopted a resolution (put forward by the core group comprising Costa Rica, Morocco, Slovenia, Switzerland and the Maldives, with Costa Rica being penholder), recognizing "The human right to a clean, healthy and sustainable environment", marking the first time that the body declared a human right.

[4][26][27] The resolution is not legally binding, but it "invites the United Nations General Assembly to consider the matter".

[26] In 2022 during its 76th session, the United Nations General Assembly adopted a resolution put forward by a core group including Costa Rica, Morocco, Slovenia, Switzerland, and the Maldives once again recognizing the human right to a clean, healthy, and sustainable environment.

Slash and burn deforestation along the Rio Xingu, Brazil endangers both indigenous rights to the land as well as the larger right to a healthy environment. Case law like the Colombian Climate case protecting the Amazon forest from deforestation have historically relied on the rights of nature and children, [ 10 ] the right to a healthy environment would provide additional protection.
Global warming—the progression from cooler historical temperatures (blue) to recent warmer temperatures (red)—is being experienced disproportionately by younger generations. [ 16 ] With continued fossil fuel emissions, that trend that will continue. [ 16 ] Various lawsuits are based on the constitutional rights of younger and future generations.