Right to a healthy environment to be enshrined in Human Rights ACT

A commitment has been made to enact a right to a healthy environment during this term of parliament, with Minister for Human Rights Tara Cheyne to progress the legislation in 2023 following stakeholder consultation.

Enshrining the Right to a Healthy Environment into the Human Rights Act could have broad implications for addressing key environmental challenges in the ACT, including planning decisions and the rights of protesters.

If consistent with the United National resolution, the legislation would help close the gaps in existing environmental protection laws, UN rapporteur on human rights and the environment, Professor John Knox said, during an event hosted by the ACT Human Rights Commission on Friday.

Acknowledging individuals' right to a healthy environment was an indication of the value of environmental protection to health, human rights and cultural practices, especially of Indigenous people, he said.

"It has enormously powerful catalytic and inspirational value, which I think is really important not to underestimate," Professor Knox said.

Professor Knox was instrumental in designing the framework which lead to the United Nations General Assembly voting overwhelmingly to declare the ability to live in "a clean, healthy and sustainable environment" a universal human right in July 2022.

The non-binding resolution calls on states, international organisations, business enterprises and other relevant stakeholders to implement the right.

More than 150 countries have already recognised the right to a healthy environment in their national constitutions or through regional treaties already, major emitters including Australia, the United States and Canada not withstanding, he said.

Melanie Montalban from the ACT Environmental Defenders Office said key environmental challenges in the ACT demonstrate that our environmental laws are currently failing us.

"Under the Human Rights Act, public authorities - which includes ministers, government agencies and public servants - are required to act consistently with and consider human rights in making their decisions.

"If the right to a healthy environment is recognised, that will also form part of their actions and decisions."

Ms Montalban said if a person thinks a public authority has failed to do so they have an option to seek or initiate proceedings in the Supreme Court.

"Even prior to that, what is important about having the right to a healthy environment in the Human Rights Act is that it would require the Legislative Assembly and government departments to consider the environmental impacts at a early and routine stage in developing laws," she said.

"And I think it's really important to have those conversations early."

The ACT Greens promised to introduce the Right to a Healthy Environment into the Human Rights Act 2004 as part of the 2020 election. It was subsequently included in the Parliamentary and Governing Agreement for the 10th Assembly.

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Dr Sophie Lewis, ACT Sustainability and Environment Commissioner, said the size of the ACT does not obfuscate the territory, or Australia, from responsibility or action.

"I think we saw in the federal election that saying that we're small emitters or we're not having a big impact is not what the community expects in terms of commitment and ambition," Dr Lewis said.

"There's a term that's used for countries that make very small progress in terms of their commitments to reduce greenhouse gas emissions - and that's freeriders."

Dr Lewis said time and time again when one jurisdiction takes a big step forward it emboldens others to do the same.

"That's a place that Canberra can fill very naturally," she said.

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