The passage of a bill by the Australian Capital Territory (ACT) Parliament creating a right to a healthy environment marks a landmark in Australian human rights and environmental law, according to the Environmental Defender Office (EDO) and the Human Rights Law Centre.
EDO and the Human Rights Law Centre applaud the vision and courage of the ACT Legislative Assembly in recognising access to a healthy environment as a fundamental human right and a prerequisite for people to enjoy happy and healthy lives.
“This is a landmark day for all those who advocate for the right to a healthy environment in Australian law, and for the ACT communities who will benefit from this historic legislation.” EDO Director Nicole Sommer said:
“We congratulate the ACT for leading the nation and call on MPs in other jurisdictions to follow this region’s lead.
“EDO has been advocating for recognition of the right to a healthy environment in Australia for over 20 years, since a Bill of Rights was first considered in the ACT in 2002.
“A healthy environment is fundamental to everything we value as humans, yet to date it has been ignored by Australian lawmakers.”
“The passing of this bill today will remedy a significant oversight problem, at least in the ACT, and provide a way forward for other states and territories.”
Jack MacLean, senior lawyer at the Human Rights Law Centre, said: “Our human rights depend on a safe and healthy environment. A healthy environment – a source of food, water and air – is key to our survival and well-being.”
“Governments across Australia should work with Aboriginal and Torres Strait Islander peoples to do all they can to protect their human rights in the face of the extraordinary threats posed by the climate crisis, biodiversity loss and widespread pollution.”
“We commend the ACT Government for enacting the Territory's right to a clean, healthy and sustainable environment. Human Rights Law.
“This is a major win for people and communities across the ACT. By ensuring this right is at the heart of government decision-making, the new law will help protect the environment for future generations.”
“The ACT Government is following the example of 160 countries around the world that already protect their people’s right to a healthy environment by providing basic guarantees on access to clean air, water and soil.
“Other governments across Australia are woefully behind and should recognise that the status quo has changed. Access to a healthy and safe environment is a human right and must be protected.”
In July 2022, the Australian Government supported a landmark United Nations General Assembly resolution to formally recognise in international law an independent right to a clean, healthy and sustainable environment. To date, the ACT is the only Australian jurisdiction to enshrine this right in domestic law. The Commonwealth Joint Parliamentary Committee on Human Rights recently recommended that a right to a healthy environment be enshrined in Commonwealth law as part of the National Human Rights Act.
The UN Special Rapporteur on Human Rights and the Environment defines the right to a healthy environment as including the following substantive elements: clean air, a safe climate, access to safe drinking water and sanitation, healthy biodiversity and ecosystems, a toxic-free environment in which to live, work and play, and healthy and sustainably produced food.