ABSTRACT
This chapter discusses the substantive human rights that have been used by victims of environmental abuse. It examines the substantive rights that have been the subject of claims in relation to environmental issues, both in litigation and complaints referred to United Nations treaty bodies under various human rights treaties. The right to life is protected under Article 6 of the International Covenant on Civil and Political Rights (ICCPR). It provides that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life”. Many of the communications under the ICCPR that relate to the environment have invoked Article 27 on minority rights, mostly involving indigenous groups and their right to culture. Under Article 12 of the International Covenant on Economic, Social and Cultural Rights, states have recognized “the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.”
