The Right to a Healthy and Sustainable Environment: Global Recognition and Contemporary Importance.

photo by Markus Spiske on pexels.com

The right to live in a clean, healthy, and sustainable environment has emerged as a fundamental human right, acknowledged and affirmed at the highest levels of international governance. This principle was formally recognized by the United Nations when the Human Rights Council adopted resolution HRC/RES/48/13 on October 8, 2021, marking the first time the Council explicitly recognized environmental health as a human right.

Following this, on July 28, 2022, the UN General Assembly passed resolution A/RES/76/300, adopting by a vote of 161 in favor, 0 against, and 8 abstentions, thus embedding the right to a clean, healthy, and sustainable environment in the global human rights discourse.

These developments did not emerge in isolation but were grounded in years of mobilization by States such as Costa Rica, Morocco, Slovenia, Switzerland, and the Maldives, as well as the advocacy of civil society, scholars, and UN Special Rapporteurs including John Knox. Their work underscored how environmental degradation, through air and water pollution, biodiversity loss, and climate change, threatens the enjoyment of other fundamental rights like the right to health, life, and adequate food.

Today, the global importance of this right has been reinforced by a landmark advisory opinion by the International Court of Justice (ICJ), issued on July 23, 2025. In a unanimous decision, the ICJ declared that countries have a legal obligation under international law to reduce greenhouse gas emissions and to cooperate in addressing the existential threat posed by climate change. The court emphasized that failure to fulfill these obligations could qualify as an “internationally wrongful act,” potentially opening the door to reparations such as ecosystem restoration, infrastructure rebuilding, or financial compensation.

Central to the ICJ's ruling was the affirmation that “the human right to a clean, healthy, and sustainable environment is inherent in the enjoyment of other human rights,” effectively connecting environmental protection to the broader architecture of human rights. Although advisory opinions are not legally binding, their moral and legal authority carries substantial weight and is expected to shape future climate litigation, influence national policy, and inspire legal recourse in international courts.

The scope of the ICJ’s finding is especially significant, as it places obligations not only on States but also extends responsibility to emissions produced by corporations under their jurisdiction. This precedent transforms environmental stewardship from an aspirational principle into a tangible legal imperative.

This right’s contemporary importance lies in several core aspects. First, it reframes environmental harm, not merely as ecological degradation, but as a violation of human dignity and rights, linking poor environmental conditions to threats to health, food security, livelihoods, and community stability. Second, it equips individuals and communities, particularly those disproportionately affected by climate change, with a legal tool to demand accountability, not only by appealing to moral considerations but by invoking enforceable legal standards. Third, the clear recognition of state responsibility empowers vulnerable nations and communities to pursue legal paths for remedy and adaptation, including reparations for climate-related losses.

Notably, the ICJ’s opinion also acknowledged that climate change may force populations to migrate, and affirmed that no State has the right to deny refuge to climate-displaced persons, a provision that carries profound humanitarian implications.

In sum, the recognition of the right to a healthy and sustainable environment has evolved from a declaration of moral intent into a binding framework with real legal implications. Through resolutions by UN bodies and a landmark judicial opinion, this right has gained legitimacy and force. In an era defined by escalating environmental crises and pervasive inequalities, it stands as a foundational pillar for climate justice, human dignity, and intergenerational equity.

written by Sara Maggetto