Declaration of Bizkaia on the right to the environment

The International Seminar on the Right to the Environment, held in Bilbao from February 10 to 13, 1999 under the auspices of UNESCO and the United Nations High Commissioner for Human Rights,,

RECALLING that in 1972, in Principle I of the United Nations Declaration on the Human Environment, it was proclaimed that human beings have a fundamental right to freedom, equality and the enjoyment of adequate living conditions in an environment of a quality which enables them to live life with dignity and enjoy well-being, and the solemn obligation to protect and improve the environment for present and future generations,

RECALLING that subsequently the 1992 Rio de Janeiro Declaration on the Environment and Development indicated that human beings are at the centre for matters of sustainable development, and that they are entitled to a healthy and productive life in harmony with nature;

RECALLING that regional instruments such as the African Charter on Human and People's Rights of 1981, the San Salvador Protocol on Economic, Social and Cultural Rights of 1988 and the Convention of the United Nations Economic Commission for Europe on Access to Information, Public Participation and Access to Justice in Environmental Matters, adopted by the Fourth Ministerial Conference Environment for Europe held in Denmark 23-25 June of 1998, have also developed the principle thus proclaimed;

NOTING the Convention on Biological Diversity of 1992, the United Nations Framework Convention on Climate Change of 1992 and Covenant 169 of the International Labour Organisation on Indigenous and Tribal Peoples of 1989;

NOTING that Resolution 45/94, passed on December 14th 1990 by the General Assembly of the United Nations, declares that all persons have the right to live in an environment which is adequate to ensure their health and welfare;

NOTING that the Institute of International Law declared in its session in Strasbourg in 1997 that "all human beings have the right to live in a healthy environment";

NOTING that an increasing number of national constitutions proclaim the right to the environment;

EMPHASISING that the right to the environment is inherent to the dignity of all persons and is necessarily linked to the guaranteeing of other human rights, including in particular the right to development;

EMPHASISING the universality, indivisibility and interdependence of all human rights;


ACKNOWLEDGING that the right to the environment may be exercised individually and in association with other persons, is demandable of public authorities and must be protected by the joint action of all those involved in the life of society: individuals, communities, public authorities and private bodies;

NOTING that the right to the environment cannot be exercised unless sufficient quality information is available;

EMPHASISING the need for a human right to the environment to be recognised in a legal document of universal scope;

REQUESTS to the international community, in particular the United Nations and other universal and regional organisations in particular, that they examine the Declaration of Bizkaia on the Right to the Environment and adopt suitable measures for the recognition of this right.


Article 1: Right to the environment
Everyone has the right, individually or in association with others, to enjoy a healthy, ecologically balanced environment.

The right to the environment may be exercised before public bodies and private entities, whatever their legal status under national and international law.

The right to the environment must be exercised in a way which is compatible with other human rights, including the right to development.

Everyone has the right to the environment without any discrimination based on race, colour, sex, language, religion, political opinion or any other nature.


Article 2: Duty to protect the environment
Everyone, individually and in association with others, has a duty to protect the environment and to foster said protection at both national and international levels.

Public authorities and international organisations are responsible for protecting and, if applicable, restoring the environment by all means within the scope of their competence. This responsibility should involve specifically the following actions:
- the protection, conservation, restoration if necessary and prevention of the deterioration of the biosphere, geosphere, hydrosphere and atmosphere;
- the rational, sustainable use of natural resources;
- the promotion of patterns of production and consumption which are conducive to sustainable development;
- the integration of environment protection requirements into public policies and private activities, reflecting the non discriminatory principle;

All States, particularly neighbouring States, should co-operate in the defence of the environment and in the fight against pollution, whatever its source.

States should endeavour to ensure that no negative and irreversible modifications are introduced in the environment, which may damage the health of persons, or to general well being.


Article 3: Right to the environment and future generations
Future generations have the right to inherit a healthy, ecologically balanced environment.

States have an obligation to monitor the quality and diversity of the environment and, specifically, to assess in advance long term environmental consequences of the implementation of major projects.


Article 4: Administrative transparency and the right to the environment
The decision-making processes of public authorities and international organisations in matters concerned with the environment should be governed by the principle of transparency. This principle requires the recognition of the rights of participation and access to information and the right to be informed.

Everyone has the right individually or in association with others, directly or through representatives to participate in the formulation of a public policy and any other decision concerning the environment.

Everyone has the right of access to information on the environment with no obligation to prove a particular interest. This right may be constrained only for justified, legally established reasons.

The right to be informed should be guaranteed also by the publication and distribution of regular reports on the state of the environment.


Article 5: Right to effective recourse
All persons and groups of persons whose right to a healthy and ecologically balanced environment has been violated or who possess information on such violations should have effective recourse to national and international authorities.


Article 6: Right to reparation
Any person or group of persons who have suffered a violation of their right to a healthy, ecologically balanced environment and who have suffered environmental damage should have the right to demand and obtain appropriate redress, without prejudice to the restoration of the environment.


Article 7: Envirmental education and public raising awareness
Public education and awareness on all levels should prepare persons to play a useful role in protecting the environment.

States and international organisations should adopt the educational measures needed to ensure respect for and protection of the right of persons to a healthy, ecologically balanced environment.

The measures referred to in the foregoing point should include teaching and educational programmes in the co-operation with non-governmental organisations should be enlisted.


Article 8: Shared responsibility
In accordance with the principles of international solidarity and common but differentiated responsibility for the protection of the environment, developed countriesshould strengthen co-operation with developing countries.


Article 9: Implementation of the right to the environment
States and international organisations should adopt all measures required to guarantee the right to a healthy, ecologically balanced environment recognised in this Declaration.

Public authorities should develop and keep up- to- date environmental information on matters within their competence, establish systems for collection and classification of such information. Furthermore, that information should cover existing or planned activities which may affect the environment.

Similarly, States and international organisations should, through international co-operation and solidarity, eradicate poverty, since it is closely linked to the right to the environment, and should adopt such measures as may be necessary and adequate to achieve this goal.

In the implementation of the measures needed to guarantee the effective exercise of the right to the environment, special attention should be paid to vulnerable persons and groups.



Bilbao February 12, 1999

Declaration Resolution Key Action