7 CONSULTATION ON SPECIAL INTERESTS
RIO DECLARATION ON ENVIRONMENT AND DEVELOPMENT PRINCIPLE 10 Environmental issues are best handled with participation of all concerned
citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making
processes. States shall facilitate and encourage public awareness and
participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.
States must resolve to work to advance a human rights-based approach to the green economy, based on the principles of participation, accountability, non-discrimination, empowerment and the rule of law in green economy efforts, and to pursue a model of economic growth that is socially and environmentally sustainable, just and equitable, and respectful of all human rights.152
7.5 EXTREME POVERTY
Any poverty reduction strategy must be a country-driven process. However, country ownership should not be interpreted narrowly to mean ownership on the part of the Government alone. The strategy has to be owned by all
stakeholders within the country, including the poor. This can be possible,
however, only when all stakeholders, including the poor, participate effectively in all stages of policy formulation.153
Active and informed participation by the poor is not only consistent with but also demanded by the human rights-based approach, because the international human rights normative framework affirms the right to take part in the conduct of public affairs.154
The point is not that the poor should take part in all the technical deliberations that underlie policy formulation, but rather that they must be allowed to take part in the process of setting priorities and benchmarks that will guide such deliberations. In practice, this means that when alternative policy options are being explored by experts, the implications of these options for the interests of various population groups must be made transparent and presented in an understandable manner to the general public, including the poor, so that they can have an opportunity to argue for the options that serve their interests best.155
Although the implementation of policies is primarily the responsibility of the executive arm of the State, opportunities must be created to enable the poor to exercise their right to participate in it as well.156
The final stage of participation is the monitoring and assessment of the success or failure of policies so that the State and other duty-bearers can be held accountable for their obligations. It is an essential feature of the human rights approach that the people who are affected by policies are able to participate in monitoring and assessing their success or failure and then take part in the procedures for holding the duty-bearers accountable. Appropriate institutional arrangements are needed for such participation to be possible.157
It is not enough for the poor merely to participate in decision-making; they must be able to participate meaningfully and effectively. In order to ensure this, two sets of preconditions have to be satisfied. First, effective participation requires more than the practice of electoral democracy. Specific mechanisms and
institutional arrangements through which people living in poverty can effectively participate at different stages of decision-making are needed. Second, the poor themselves must be empowered so as to make their participation effective. In part, this empowerment will depend on the realization of a minimum degree of economic security without which people living in poverty are unlikely to be able
to overcome the established structures which perpetuate their condition.
Capacity-building activities, including human rights education, play an important role in this process.158
Before any action is carried out by the State, or by any other third party, that interferes with the right of an individual to social security the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and include: (a) an opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies.159
7.6 RIGHT TO ADEQUATE FO OD
The formulation and implementation of national strategies for the right to food requires full compliance with the principles of accountability, transparency, people's participation, decentralization, legislative capacity and the
independence of the judiciary.160
States should strengthen existing strategies and policies relating to food security, in particular the outcomes approach, by adopting a rights-based approach. This means that the setting of targets and the identification of the concrete measures to be adopted should be the result of meaningful public participation; [that the authorities responsible for implementation should be held accountable for results; that the beneficiaries of all policies and programmes related to food security should be defined as rights holders, and that the indicators allowing the measurement of progress should be based on the normative components of the right to food, including non-discrimination.]161
Similarly, the adoption of framework laws on food security should be the result of an extensive and meaningful consultation process and should be supported by civil society organizations and the private sector [and the general public].162
7.7 RIGHT TO HEALTH
The right to health is as inclusive right and it should encompass the participation of the population in all health related decision-making at the community,
national and international levels.163
The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people’s participation. In particular, the right of individuals and groups to
must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12 of the ICESCR. Promoting health must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people’s participation is secured by States.164
The right to health facilities, goods and services (Art 12.2 (d) of ICESCR) also includes the improvement and furtherance of the participation of the population in the provision of preventive and curative health services, such as the
organization of the health sector, the insurance system and, in particular,
participation in political decisions relating to the right to health taken at both the community and national levels.165
States should adopt a comprehensive mental health policy and plan of action based on the right to health, and ensure the active and informed participation of all relevant stakeholders, including people living with mental illness, in the decision-making process.166
States should initiate and implement programmes and projects in the field of health for Roma, mainly women and children, having in mind their
disadvantaged situation due to extreme poverty and low level of education, as well as to cultural differences; to involve Roma associations and communities and their representatives, mainly women, in designing and implementing health programmes and projects concerning Roma groups.167
7.8 RIGHT TO WATER
As part of their core obligations, States should adopt and implement a national water strategy and plan of action addressing the whole population; the strategy and plan of action should be devised, and periodically reviewed, on the basis of a participatory and transparent process.168
The formulation and implementation of national water strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to water must be an integral part of any policy, programme or strategy concerning water.
Individuals and groups should be given full and equal access to information concerning water, water services and the environment, held by public authorities or third parties.169
National water supply and sanitation strategies should specifically provide for effective community participation in decision-making processes that affect them.170 States should strengthen consultation with communities in designing
and implementing water and sanitation policies and solutions and ensure community participation in the design, implementation and monitoring of these initiatives.171
Before any action that interferes with an individual’s right to water is carried out by the State, or by any other third party, the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant on Economic, Social and Cultural Rights, and that comprises: (a) opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies.172
States should ensure adequate consultation and prior and informed consent of indigenous and minority communities regarding activities affecting their access to water and sanitation.173
States parties should take steps to ensure that women are not excluded from decision-making processes concerning water resources and entitlements.174
7.9 RIGHT TO INTELLECTUA L INTERESTS