Exploring the Right to a Healthy Environment

Exploring the Right to a Healthy Environment Presented by: Firdausi Firdaus, PhD Candidate Date: March 28, 2023 Right to Healthy Environment - All human beings depend on the environment in which we live. A safe, clean, healthy and sustainable environment is integral to the full enjoyment of a wide range of human rights, including the rights to life, health, food, water and sanitation. - The human rights obligations as they relate to a safe, clean, healthy and sustainable environment. - The protection of environmental human rights defenders is seen as a critical target under SDG pursuing peace, justice and strong institutions. According to the Universal Declaration on Human Rights (UDHR) - Article 25 (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control The Right to a Clean Healthy and Sustainable Environment - For the first time in its history, the United Nations has recognized that everyone, everywhere, has the right to live in a clean, healthy and sustainable environment. Resolutions from the Human Rights Council in 2021 (A/HRC/RES/48/13) and the General Assembly in 2022 (A/RES/76/300) add this fundamental human right to the library of internationally recognized rights. - Framework Principles on Human Right and Environment according to John H.Knox, UN Special Rapporteur on Human Rights and the Environment: 1. States should ensure a safe, clean, healthy and sustainable environment in order to respect, protect and fulfil human rights. 2. States should respect, protect and fulfil human rights in order to ensure a safe, clean, healthy and sustainable environment. 3. States should prohibit discrimination an ensure equal and effective protection against discrimination in relation to the enjoyment of a safe, clean, healthy and sustainable environment. 4. States should provide a safe and enabling environment in which individuals, groups and organs of society that work on human rights or environmental issues can operate free from threats, harassment, intimidation and violence. 5. States should respect and protect the rights to freedom of expression, association and peaceful assembly in relation to environmental matters. 6. States should provide for education and public awareness on environmental matters. 7. States should provide public access to environmental information by collecting and disseminating information and by providing affordable, effective and timely access to information to any person upon request. 8. States should require the prior assessment of the possible environmental impacts of proposed projects and policies, including their potential effects on the enjoyment of human rights. 9. States should provide for and facilitate public participation in decision-making related to the environment and take the views of the public into account in the decision-making process. 10. States should provide for access to effective remedies for violations of human rights and domestic laws relating to the environment. 11. States should establish and maintain substantive environmental standards that are non discriminatory, non-retrogressive and otherwise respect, protect and fulfil human rights. 12. States should ensure the effective enforcement of their environmental standards against public and private actors. 13. States should cooperate with each other to establish, maintain and enforce effective international legal frameworks in order to prevent, reduce and remedy transboundary and global environmental harm that interferes with the full enjoyment of human rights. - Article 40 Everyone has the right to a place to live and the right to an adequate standard of living. - PERPPU (Government Regulation in lie of Law) Number 2 Year 2022 Concerning Job Creation (Article 13-16, 17 (1-75)) replacing Law Number 11 Year 2020 Concerning Job Creation (Article 17 (1-75)) and changes Law Number 26 Year 2007 which replaced Law Number 24 Year 1992 Concerning Spatial Planning - -Law Number 32 the Year 2009 Concerning Protection and Management of th Environment, then this law is implemented furthermore with many government regulations, ministerial regulations, ministerial decrees, and local government regulations in different scopes such as Environment control; environmental permit (AMDAL); air pollution control; water pollution control; environmental damage control; waste, toxic, and hazardous materials; environmental law enforcement; cleanliness; quality standards; biodiversity.. - However, despite the law infrastructure, it seems adequate, in reality in Indonesia, the consistency and enforcement of law in environmental matters still needs improvement because another interest is prioritized. E.g. imbalance and unproportionate spatial planning in Jakarta. - Concerning SDGs, given how important the role of the right to a healthy environment is, there a many Sustainable Development Goals (SDGs) that have a relation with this right such as SDG (Responsible consumption and production), SDG 10 (Reduce Inequalities), SDG 9 (Industr Innovation&Infrastructure), SDG 8 (Decent Work&Economic Growth), SDG 7(Affordable & Clea Energy), SDG 6 (Cleath Water and Sanitation), SDG 5(Gender Equality), SGD 3 (Good Health & Wel Being), SDG 2(Zero Hunger), SDG 1(No Poverty). Thus, in smart city context, the fulfilment of the right to healthy environment can be achieve because smart cities will bring benefits to the environment such as: 1. Reduce energy demand-Smart grids They will enable the electricity consumed by households in a city be reduced by at least 15 percent by 2030. 2. IoT Enables Devices Enable energy efficiency-IoT-enabled devices can reduce emissions fro industrial processes by 10 percent by 2030. 3. Use of Smart Recycling sensors Increased recycling-smart sensors can increase recycling rates from around 40 percent today to more than 60 percent in 2030 by automating waste collection processes. 4. Advanced Public Transport System Improve public transport systems-IoT sensors can help reduce fuel usage and greenhouse gas emissions by 20 percent in urban buses, thereby reducing the cost of operating buses. 5. Air Pollution Sensors Reduce air pollution-smart sensors can improve air quality significantly by enabling early detection of air pollution and timely alerts about harmful levels of air pollution in the environment. 6. Goodbye to Traffic Congestion Connected cities reduce traffic congestion. This reduces the pollution that comes from vehicle emissions and the physical and mental stress of commuting. 7. Monitoring and Tracking System Digital cities mean better monitoring and tracking of vehicles to manage traffic flow more efficiently and reduce unnecessary idling of engines. 8. Wireless System Wireless sensors and GPS systems also mean that we can monitor other aspects of urban traffic, such as fuel consumption and parking space availability, which allows us to respond more efficiently to any problems. 9. Facilitated Residents Innovative city systems can also provide information on alternative routes or public transport options to people in cars when they are stuck in traffic jams, or their usual route is congested. Innovative city-systems allow us to better control where construction work is taking place so that this does not disrupt traffic routes unnecessarily long. 10. Digital Awareness Cameras and sensors allow us to keep track of parks and public spaces so that these don't become disorderly or unsafe places where crime may flourish undeterred by the authorities. 11. Latest Communication System High tech communication systems, such as broadband Internet, Wi-Fi, and 3G cellular/satellite connections, enable more efficient communication and more accessible government services. 12. Formed Traffic System Latest transportation systems, such as smart traffic lights, automated parking, and mass transit systems, make getting around safer, faster, and cheaper. 13. Tight Security Management Advanced security systems, such as video surveillance networks, emergency alert systems, and building access control tools make cities safer for everyone. 14. Maximum Utilized Energy Sources: Progressive energy management systems, including renewable energy sources such as solar panels on government buildings or wind turbines on public land, help reduce environmental impact. 15. Upgraded Technology: Government IT infrastructure upgrades, including web 2.0 tools like social networking sites or government data available on open data portals or clou computing services (which allow users to access data from anywhere), increase citizen engagement in government operations by giving them easier access to relevant information and allowing them to use personal digital assistants or other devices to take advantage of it. 16. Smart Buildings 17. Smart Environment