The loss of biodiversity worldwide has increased at an unprecedented rate. In 2019, the Intergovernmental Platform for Biodiversity and Ecosystem Services (IPBES) reported that around one million animal and plant species are threatened with extinction. In Germany, the “Biodiversity Fact Check” from October 2024, which examines the state of biodiversity in Germany, came to sobering results: formerly species-rich fields like grassland and moorland forests are in the worst shape. The populations of many native animal, plant and fungal species are declining; around 3 % of the species analysed are already considered extinct.
Multiple impacts on human rights
This development has numerous effects on humans, as we depend on biodiversity and intact ecosystems. They provide clean air and water as well as healthy food. Agriculture serves as a good example: If a crop species cannot adapt to changing climatic conditions, farmers have to switch to a more resistant species. If there are fewer resistant species, crop failures could become more frequent. This may negatively affect the human rights to food, clean drinking water and health.
Interventions in functioning ecosystems can exacerbate hazardous situations. If forests are cut down over large areas, floodings may become more frequent and more severe. This is because the soil absorbs less water if tree roots are lacking. At the same time, a deforested soil erodes more quickly, increasing the risk of landslides during heavy rainfall. In turn, floodings and landslides regularly claim human lives or cause injuries.
Conservation measures can violate human rights
If people live in areas for which strict conservation measures are adopted, such protective measures can have negative human rights impacts. For example, when they lead to forced resettlement or prevent access to important livelihoods, such as food and drinking water, for indigenous groups and local communities. Conservation measures to preserve biodiversity and ecosystems should be human rights-based.
First constitutional complaint on biodiversity and fundamental rights
At the international level, and also in Germany, the nexus between biodiversity protection and human rights is gaining more attention. The Convention on Biological Diversity (CBD) is central to biodiversity protection under international law. In 2022, the state parties to the CBD, including Germany, agreed on international goals within the so-called “Global Biodiversity Framework” which should be implemented following a human rights-based approach. The Framework also acknowledges the human right to a clean, healthy and sustainable environment.
In October 2024, the German environmental organisation “Bund für Umwelt und Naturschutz Deutschland e.V.”(BUND) together with individuals filed a constitutional complaint adressing exclusively biodiversity with the German Constitutional Court. The applicants argue that their fundamental rights to life and physical integrity as well as to property have been violated as suitable laws for the preservation of biodiversity are lacking in Germany.
The Institute’s analysis as an introduction to the topic
To clarify the nexus between biodiversity and human rights, the Institute commissioned an analysis. It examines the current state of the connection between biodiversity law and human rights law as well as of conservation measures. The analysis sheds light on how a human rights-based approach is integrated in the Global Biodiversity Framework and summarises newly emerging obligations for states and non-state actors. It also addresses the right to free, prior and informed consent (FPIC).
In this Position Paper the current status of the establishment of the right to a healthy environment, as well as arguments for and against its establishment by resolution are examined.
In October 2018, the UN Human Rights Council mandated the Working Group on the Right to Development to begin work on the drafting of a binding instrument on the Right to Development. This draft is now available and will be discussed in the 21st Working Group…
Global warming and the resulting climatic changes are threatening people's health and lives worldwide. The human right to access to food, water, housing and education is being called into question.
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