International Covenant on Civil and Political Rights (ICCPR)

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights 

Article 1: 'All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.'

Article 6: '1. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.'

Article 17: '1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.2. Everyone has the right to the protection of the law against such interference or attacks'

Article 27: 'In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.'

International Covenant on Economic, Social, and Cultural Rights (ICESCR)

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights  

Article 1: 'All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.'

International Convention on the Elimination of All Forms of Racial Discrimination (ICERD)

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A21988A1031%2801%29 

Article 5(d) and (v): 'In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:

(...)

(v) The right to own property alone as well as in association with others'

Guiding Principles on Business and Human Rights (UNGPs)

https://www.ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf 

Principle 1: 'States must protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises. This requires taking appropriate steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulations and adjudication.'

Principle 11: 'Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved.'

Principle 12: 'The responsibility of business enterprises to respect human rights refers to internationally recognized human rights - understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization's Declaration on Fundamental Principles and Rights at Work.'

Principle 13: 'The responsibility to respect human rights requires that business enterprises:
Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur;
 Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.'

Principle 14: 'The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise's adverse human rights impacts.'

Principle 17: 'In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence:
Should cover adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships;
Will vary in complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations;
Should be ongoing, recognizing that the human rights risks may change over time as the business enterprise's operations and operating context evolve.'

Principle 18: 'In order to gauge human rights risks, business enterprises should identify and assess any actual or potential adverse human rights impacts with which they may be involved either through their own activities or as a result of their business relationships. This process should:
Draw on internal and/or independent external human rights expertise;
Involve meaningful consultation with potentially affected groups and other relevant stakeholders, as appropriate to the size of the business enterprise and the nature and context of the operation.'

Principle 19: 'In order to prevent and mitigate adverse human rights impacts, business enterprises should integrate the findings from their impact assessments across relevant internal functions and processes, and take appropriate action.

Effective integration requires that:
Responsibility for addressing such impacts is assigned to the appropriate level and function within the business enterprise;
Internal decision-making, budget allocations and oversight processes enable effective responses to such impacts.

Appropriate action will vary according to:
Whether the business enterprise causes or contributes to an adverse impact, or whether it is involved solely because the impact is directly linked to its operations, products or services by a business relationship;
The extent of its leverage in addressing the adverse impact.'

Principle 23: 'In all contexts, business enterprises should:
Comply with all applicable laws and respect internationally recognized human rights, wherever they operate;
Seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements;
Treat the risk of causing or contributing to gross human rights abuses as a legal compliance issue wherever they operate.'

OECD Guidelines for Multinational Enterprises (OECD Guidelines)

https://www.oecd.org/corporate/mne/ 

Chapter IV. Human Rights: 'States have the duty to protect human rights. Enterprises should, within the framework of internationally recognised human rights, the international human rights obligations of the countries in which they operate as well as relevant domestic laws and regulations:

Respect human rights, which means they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved.

Within the context of their own activities, avoid causing or contributing to adverse human rights impacts and address such impacts when they occur.

Seek ways to prevent or mitigate adverse human rights impacts that are directly linked to their business operations, products or services by a business relationship, even if they do not contribute to those impacts.

Have a publicly available policy commitment to respect human rights.

Carry out human rights due diligence as appropriate to their size, the nature and context of operations and the severity of the risks of adverse human rights impacts.

Provide for or co-operate through legitimate processes in the remediation of adverse human rights impacts where they identify that they have caused or contributed to these impacts.'

Declaration on the Right to Development

https://www.ohchr.org/sites/default/files/rtd.pdf

Article 1: '1. The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized.

2. The human right to development also implies the full realization of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources.'

Article 2(1): 'The human person is the central subject of development and should be the active participant and beneficiary of the right to development.'

Rio Declaration on Environment and Development

https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_CONF.151_26_Vol.I_Declaration.pdf 

Principle 1 'Human beings are at the centre of concerns for sustainable development.

They are entitled to a healthy and productive life in harmony with nature.'

American Convention on Human Rights (ACHR)

https://www.cidh.oas.org/basicos/english/basic3.american%20convention.htm 

Article 1: '1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.

2. For the purposes of this Convention, "person" means every human being.'

Article 4: '1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.'

Article 26: 'The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.'

African Charter on Human and Peoples' Rights (ACHPR)

https://au.int/sites/default/files/treaties/36390-treaty-0011_-_african_charter_on_human_and_peoples_rights_e.pdf 

Article 4: 'Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.'

Article 16: '1. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick."

Article 24: 'All peoples shall have the right to a general satisfactory environment favourable to their development.'

European Convention on Human Rights (ECHR)

https://www.echr.coe.int/documents/d/echr/convention_ENG 

Article 2: '1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.'

Article 8: '1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.'

Brazil

Brazilian Federal Constitution 

I - men and women have equal rights and duties under the terms of this Constitution;

II - no one shall be obliged to do or refrain from doing something except by virtue of law;

III - no one shall be submitted to torture or to inhuman or degrading treatment;

...

V - the right of reply is ensured, in proportion to the offense, as well as compensation for property or moral damages or for damages to the image;

...

XXIII - property shall observe its social function;

...

LXXVIII - a reasonable length of proceedings and the means to guarantee their expeditious consideration are ensured to everyone, both in the judicial and administrative spheres ... Paragraph 3. International human rights treaties and conventions which are approved in each House of the National Congress, in two rounds of voting, by three fifths of the votes of the respective members shall be equivalent to constitutional amendments.'

Article 215: 'The state shall ensure to all the full exercise of the cultural rights and access to the sources of national culture and shall support and foster the appreciation and diffusion of cultural expressions.'

Article 216: 'The Brazilian cultural heritage consists of the assets of a material and immaterial nature, taken individually or as a whole, which bear reference to the identity, action and memory of the various groups that form the Brazilian society, therein included: I - forms of expression; II - ways of creating, making and living; III - scientific, artistic and technological creations; IV - works, objects, documents, buildings and other spaces intended for artistic and cultural expressions; V - urban complexes and sites of historical, natural, artistic, archaeological, paleontological, ecological and scientific value.'

Article 225: 'All have the right to an ecologically balanced environment, which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.'

Article 227: 'It is the duty of the family, the society and the State to ensure children and adolescents, with absolute priority, the right to life, health, nourishment, education, leisure, professional training, culture, dignity, respect, freedom and family and community life, as well as to guard them from all forms of negligence, discrimination, exploitation, violence, cruelty and oppression.'

Article 231: 'Indians shall have their social organisation, customs, languages, creeds and traditions recognised, as well as their original rights to the lands they traditionally occupy, it being incumbent upon the Union to demarcate them, protect and ensure respect for all of their property.

...

Paragraph 3. Hydric resources, including energetic potentials, may only be exploited, and mineral riches in Indian land may only be prospected and mined with the authorization of the National Congress, after hearing the communities involved, and the participation in the results of such mining shall be ensured to them, as set forth by law.

...

Paragraph 6. Acts with a view to occupation, domain and possession of the lands referred to in this article or to the exploitation of the natural riches of the soil, rivers and lakes existing therein, are null and void, producing no legal effects, except in case of relevant public interest of the Union, as provided by a supplementary law and such nullity and voidness shall not create a right to indemnity or to sue the Union, except in what concerns improvements derived from occupation in good faith, in the manner prescribed by law.'

Temporary Constitutional Provisions Act 

Article 68: 'Final ownership shall be recognized for the remaining members of the ancient runaway slave communities who are occupying their lands and the State shall grant them the respective title deeds.'

Canada

Canadian Charter of Rights and Freedoms 

Section 7: 'Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.'

Section 15(1): 'Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.'

Quebec Charter of Human Rights and Freedoms 

Section 46.1: 'Every person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law.'

Section 49: 'Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom.

In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages.'

Germany

Fundamental Rights of the German Basic Law (Grundgesetz (GG))

 Article 1(1): 'Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.'

Article 2(1): 'Every person shall have the right to free development of his personality insofar as he does not violate the rights of others or offend against the constitutional order or the moral law.'

India

Constitution of India 

Part III Fundamental Rights

Article 21: 'No person shall be deprived of his life or personal liberty except according to procedure established by law.'

Article 32: '(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).'

Part IV Directive Principles of State Policy

Article 48A: 'The State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.'

Part IVA Fundamental Duties

Article 51A (g): '(...) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.'

Part VI The States

Article 226(1): 'Notwithstanding anything in article 32 3, every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III [Fundamental Rights] and for any other purpose.'

Italy

Constitution of the Italian Republic 

Article 9: 'The Republic shall promote the development of culture and of scientific and technical research.

It shall safeguard the natural beauties and the historical and artistic heritage of the Nation.

It shall safeguard the environment, biodiversity and ecosystems, also in the interest of future generations. State law shall regulate the methods and means of safeguarding animals.'

Article 41: 'Private economic enterprise shall have the right to operate freely.

It cannot be carried out in conflict with social utility or in such a manner as may harm health, the environment, safety, liberty and human dignity.

The law shall determine appropriate programmes and checks to ensure that public and private economic enterprise activity be directed at and coordinated for social and environmental purposes.'

Japan

Constitution of Japan 

Article 11: 'The people shall not be prevented from enjoying any of the fundamental human rights. These fundamental human rights guaranteed to the people by this Constitution shall be conferred upon the people of this and future generations as eternal and inviolate rights.'

Article 13: 'All of the people shall be respected as individuals. Their right to life, liberty, and the pursuit of happiness shall, to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs.'

Article 25: 'All people shall have the right to maintain the minimum standards of wholesome and cultured living.

In all spheres of life, the State shall use its endeavors for the promotion and extension of social welfare and security, and of public health.'

Kenya 

Constitution Of Kenya 

Article 26: '(1) Every person has the right to life.'

Article 35: '(1) Every citizen has the right of access to-
(a) information held by the State; and
(b) information held by another person and required for the exercise or protection of any right or fundamental freedom.

(2) Every person has the right to the correction or deletion of untrue or misleading information that affects the person.

(3) The State shall publish and publicise any important information affecting the nation.

Arts. 35, 47, 48, 50, 26, 46, 56, 43(1) etc. [cause of action based on tort could also arise from these provisions].

Article 42: 'Every person has the right to a clean and healthy environment, which includes the right-
(a) to have the environment protected for the benefit of present and future generations through legislative and other measures, particularly those contemplated in Article 69; and
(b) to have obligations relating to the environment fulfilled under Article 70.'

Article 43: '(1) Every person has the right-
(a) to the highest attainable standard of health, which includes the right to health care services, including reproductive health care;
(b) to accessible and adequate housing, and to reasonable standards of sanitation;
(c) to be free from hunger, and to have adequate food of acceptable quality;
(d) to clean and safe water in adequate quantities;
(e) to social security; and
(f) to education.'

Article 46: '(1) Consumers have the right--
(a) to goods and services of reasonable quality;
(b) to the information necessary for them to gain full benefit from goods and services;
(c) to the protection of their health, safety, and economic interests; and
(d) to compensation for loss or injury arising from defects in goods or services.

(2) Parliament shall enact legislation to provide for consumer protection and for fair, honest and decent advertising.

(3) This Article applies to goods and services offered by public entities or private persons.'

Article 47: '(1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.

(2) If a right or fundamental freedom of a person has been or is likely to be adversely affected by administrative action, the person has the right to be given written reasons for the action.

(3) Parliament shall enact legislation to give effect to the rights in clause (1) and that legislation shall-
(a) provide for the review of administrative action by a court or, if appropriate, an independent and impartial tribunal; and
(b) promote efficient administration.'

Article 48: 'The State shall ensure access to justice for all persons and, if any fee is required, it shall be reasonable and shall not impede access to justice.'

Article 50: '(1) Every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal or body.'

Article 56: 'The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups--
(a) participate and are represented in governance and other spheres of life;
(b) are provided special opportunities in educational and economic fields;
(c) are provided special opportunities for access to employment;
(d) develop their cultural values, languages and practices; and (e) have reasonable access to water, health services and infrastructure.'

Nigeria

Constitution of the Federal Republic of Nigeria 1999 

Section 33(1): 'Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.'

Section 34(1): 'Every individual is entitled to respect for the dignity of his person, and accordingly - 
(a) no person shall be subject to torture or to inhuman or degrading treatment;
(b) no person shall he held in slavery or servitude; and
(c) no person shall be required to perform forced of compulsory labour.'

Norway

Constitution of the Kingdom of Norway 

Article 92: 'The authorities of the State shall respect and ensure human rights as they are expressed in this Constitution and in the treaties concerning human rights that are binding for Norway.'

Article 93: 'Every human being has the right to life. No one may be sentenced to death.'

Article 102: 'Everyone has the right to the respect of their privacy and family life, their home and their communication. Search of private homes shall not be made except in criminal cases.

The authorities of the state shall ensure the protection of personal integrity.'

Philippines

Constitution of the Republic of the Philippines 

Article II, Section 9: 'The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.'

Article II, Section 15: 'The State shall protect and promote the right to health of the people and instill health consciousness among them.'

Article II, Section 16: 'The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.'

Article III, Section 1: 'No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.'

Article XII, Section 5: 'The State, subject to the provisions of this Constitution and national development policies and programs, shall protect the rights of indigenous cultural communities to their ancestral lands to ensure their economic, social, and cultural well-being.

The Congress may provide for the applicability of customary laws governing property rights or relations in determining the ownership and extent of ancestral domain.'

Article XIII, Section 3: 'The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all.

It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations, and peaceful concerted activities, including the right to strike in accordance with law. They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

...'.

Article XIII, Section 9: 'The State shall, by law, and for the common good, undertake, in cooperation with the public sector, a continuing program of urban land reform and housing which will make available at affordable cost decent housing and basic services to underprivileged and homeless citizens in urban centers and resettlements areas. It shall also promote adequate employment opportunities to such citizens. In the implementation of such program the State shall respect the rights of small property owners.'

Article XV, Section 3: 'The State shall defend:

...

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation, and other conditions prejudicial to their development; (...) 

Poland

Constitution of the Republic of Poland 

2. Equal access to health care services, financed from public funds, shall be ensured by public authorities to citizens, irrespective of their material situation. The conditions for, and scope of, the provision of services shall be established by statute.

3. Public authorities shall ensure special health care to children, pregnant women, handicapped people and persons of advanced age.

4. Public authorities shall combat epidemic illnesses and prevent the negative health consequences of degradation of the environment.

5. Public authorities shall support the development of physical culture, particularly amongst children and young persons.'

Article 74: '1. Public authorities shall pursue policies ensuring the ecological security of current and future generations.

2. Protection of the environment shall be the duty of public authorities.

3. Everyone shall have the right to be informed of the quality of the environment and its protection.

4. Public authorities shall support the activities of citizens to protect and improve the quality of the environment.'

United States

Constitution of the United States 

Amendment XIV, Section 1: 'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.'

Constitution of the State of Hawai'i 

Article XI, Section 1: 'For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawaii's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the State.'

Article XI, Section 9: 'Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law.'

Louisiana Constitution of 1974 

Article IX, Section 1: 'The natural resources of the state, including air and water, and the healthful, scenic, historic, and esthetic quality of the environment shall be protected, conserved, and replenished insofar as possible and consistent with the health, safety, and welfare of the people. The legislature shall enact laws to implement this policy.'

Australia

Queensland Human Rights Act 2019 

Section 15(2): 'Every person has the right to enjoy the person's human rights without Discrimination.'

Section 16: 'Every person has the right to life and has the right not to be arbitrarily deprived of life.'

Section 24(2): 'A person must not be arbitrarily deprived of the person's property.'

Section 25(a): 'A person has the right—

(i) not to have the person's privacy, family, home or correspondence unlawfully or arbitrarily interfered with ...'.

Section 26(2): 'Every child has the right, without discrimination, to the protection that is needed by the child, and is in the child's best interests, because of being a child.'

Section 28: '(1) Aboriginal peoples and Torres Strait Islander peoples hold distinct cultural rights.

(2) Aboriginal peoples and Torres Strait Islander peoples must not be denied the right, with other members of their community—
(a) to enjoy, maintain, control, protect and develop their identity and cultural heritage, including their traditional knowledge, distinctive spiritual practices, observances, beliefs and teachings; and
(b) to enjoy, maintain, control, protect, develop and use their language, including traditional cultural expressions; and
(c) to enjoy, maintain, control, protect and develop their kinship ties; and
(d) to maintain and strengthen their distinctive spiritual, material and economic relationship with the land, territories, waters, coastal seas and other resources with which they have a connection under Aboriginal tradition or Island custom; and
(e) to conserve and protect the environment and productive capacity of their land, territories, waters, coastal seas and other resources.

(3) Aboriginal peoples and Torres Strait Islander peoples have the right not to be subjected to forced assimilation or destruction of their culture.'

Brazil

Indigenous Statute (Federal Law 6.001/1973), and Decree 4.887/2003 

This deals with the ownership of Quilombola lands. The decree protects the interests of the Quilombola people, other Indigenous people and communities. Action can be brought against anyone

'from the moment that a certain undertaking may impact the lifestyles and culture of these populations. If the activity puts their ways of living at risk in violation of their rights, the entrepreneur may be held liable.'[6]

National Policy for the Sustainable Development of Traditional Peoples and Communities 

Established by Decree 6040/2007, which aims to promote the sustainable development of these peoples and communities.

Decree 9.571/2018 

Establishes the National Guidelines on Business and Human Rights. It provides guidelines for the State and the companies, including guidelines about access to reparation and remediation mechanisms, and how to implement, monitor and evaluate them.

'Article 12 of Decree 9,571/2018 when providing that "companies are responsible for adopting initiatives for environmental sustainability" includes in its item VI the adoption of measures aimed at "reducing greenhouse gas emissions in order to contribute to the fight against climate change". Although it is voluntary, it can be used to reinforce companies' commitments to human rights, especially those affected by climate change.'

The Statute of the Child and Adolescent (Federal Law 8.069/1990) 

Article 4: 'It is the duty of the family, community, society in general and the public authority to ensure, with absolute priority, effective implementation of the rights to life, health, nutrition, education, sports, leisure, vocational training, culture, dignity, respect, freedom and family and community living.'

Article 70: 'It is the duty of all to prevent the occurrence of threats or violation of the rights of the child and adolescent.'

[6] See page 71 and 72 of Brazil's national report.

Canada

Quebec Charter of Human Rights and Freedoms 

Section 46.1: 'Every person has a right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law.'

Section 49: 'Any unlawful interference with any right or freedom recognized by this Charter entitles the victim to obtain the cessation of such interference and compensation for the moral or material prejudice resulting therefrom.

In case of unlawful and intentional interference, the tribunal may, in addition, condemn the person guilty of it to punitive damages.'

Ontario Environmental Bill of Rights 

Preamble: 'The people of Ontario recognize the inherent value of the natural environment. The people of Ontario have a right to a healthful environment. The people of Ontario have as a common goal the protection, conservation and restoration of the natural environment for the benefit of present and future generations. While the government has the primary responsibility for achieving this goal, the people should have means to ensure that it is achieved in an effective, timely, open and fair manner.'

Section 74(1): 'Any two persons resident in Ontario who believe that a prescribed Act, regulation or instrument has been contravened may apply to the minister responsible for the administration of the Act, regulation or instrument for an investigation by that minister of the alleged contravention.'

British Columbia Human Rights Code 

Section 8(1): 'A person must not, without a bona fide and reasonable justification,

(a) deny to a person or class of persons any accommodation, service or facility customarily available to the public, or

(b) discriminate against a person or class of persons regarding any accommodation, service or facility customarily available to the public because of the Indigenous identity, race, colour, ancestry, place of origin, religion, marital status, family status, physical or mental disability, sex, sexual orientation, gender identity or expression, or age of that person or class of persons.'

Nunavut Environmental Rights Act 

Section 4(2): 'Any two persons resident in Nunavut who are not less than 19 years of age and who are of the opinion that a contaminant has been released into the environment, is being released into the environment, or is likely to be released into the environment, may apply to the Minister for an investigation of the release or the likely release.'

Section 6(1): 'Every person resident in Nunavut has the right to protect the environment and the public trust from the release of contaminants by commencing an action in the Nunavut Court of Justice against any person releasing any contaminant into the environment.'

Northwest Territories Environmental Act

Section 2: 'The purposes of this Act are

(a) to protect the right of the people of the Northwest Territories to a healthy environment'.

Section 8(1): 'Any individual resident in the Northwest Territories who believes, on reasonable grounds, that an act or omission has occurred that has caused or is likely to cause significant harm to the environment, may apply to the Minister for an investigation.'

Section 12(1): 'Any adult resident in the Northwest Territories who believes, on reasonable grounds, that an offence has been committed under an enactment and that such an offence has caused or is likely to cause significant harm to the environment, may lay an information in writing and under oath before a justice.'

Section 13: '(1) Subject to subsection (3), every adult resident in the Northwest Territories has the right to protect the environment and the public trust, by commencing an action in the Supreme Court against any person for any act or omission that the resident believes on reasonable grounds has caused or is likely to cause significant harm to the environment.

...

(3) No action under subsection (1) lies against a person whose action or omission was in compliance with all required authorizations and all applicable standards'.

Yukon Environmental Act 

Section 6: 'The people of the Yukon have the right to a healthful natural environment.'

Section 8(1): 'Every adult or corporate person resident in the Yukon who has reasonable grounds to believe that (a) a person has impaired or is likely to impair the natural environment; or (b) the Government of the Yukon has failed to meet its responsibilities as trustee of the public trust to protect the natural environment from actual or likely impairment may commence an action in the Supreme Court.'

Section 179: 'If a corporation commits an offence under this Act, any officer, director, manager, or agent of the corporation who knowingly directed, authorized, assented to, acquiesced in, or participated in the commission of the offence is a party to and guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation has been prosecuted or convicted.'

Kenya

Environmental Management and Coordination Act (EMCA) No.8 of 1999 

Section. 3(3): 'If a person alleges that the right to a clean and healthy environment has been, is being or is likely to be denied, violated, infringed or threatened, in relation to him, then without prejudice to any other action with respect to the same matter which is lawfully available, that person may on his behalf or on behalf of a group or class of persons, members of an association or in the public interest may apply to the Environment and Land Court for redress and the Environment and Land Court may make such orders, issue such writs or give such directions as it may deem appropriate to —

prevent, stop or discontinue any act or omission deleterious to the environment;

compel any public officer to take measures to prevent or discontinue any act or omission deleterious to the environment;

require that any on-going activity be subjected to an environment audit in accordance with the provisions of this Act;

compel the persons responsible for the environmental degradation to restore the degraded environment as far as practicable to its immediate condition prior tthe damage; and

provide compensation for any victim of pollution and the cost of beneficial uses lost as a result of an act of pollution and other losses that are connected with or incidental to the foregoing.'

Nigeria

Fundamental Right (Enforcement Procedure) Rules 2009 

ORDER II - COMMENCEMENT OF ACTION. (1): 'Any person who alleges that any of the Fundamental Rights provided for in the Constitution or African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act and to which he is entitled, has been, is

being, or is likely to be infringed, may apply to the Court in the State where the infringement occurs or is likely to occur, for redress:

Provided that where the infringement occurs in a State which has no Division of the Federal High Court, the Division of the Federal High Court administratively responsible for the State shall have jurisdiction....'

Preamble, para 3: 'The overriding objectives of these Rules are as follows:

(a) The Constitution, especially Chapter IV, as well as the African Charter, shall be expansively and purposely interpreted and applied, with a view to advancing and realising the rights and freedoms contained in them and affording the protections intended by them.

(b) For the purpose of advancing but never for the purpose of restricting the applicant's rights and freedoms, the Court shall respect municipal, regional and international bills of rights cited to it or brought to its attention or of which the Court is aware, whether these bills constitute instruments in themselves or form parts of larger documents like constitutions. Such bills include;
(i) The African Charter on Human and Peoples' Rights and other instruments (including protocols) in the African regional human rights system,
(ii) The Universal Declaration of Human Rights and other instruments (including protocols) in the United Nations human rights system,

(c) For the purpose of advancing but never for the purpose of restricting the applicant's rights and freedoms, the Court may make consequential orders as may be just and expedient.

(d) The Court shall proactively pursue enhanced access to justice for all classes of litigants, especially the poor, the illiterate, the uninformed, the vulnerable, the incarcerated, and the unrepresented.

(e) The Court shall encourage and welcome public interest litigations in the human rights field and no human rights case may be dismissed or struck out for want of locus standi. In particular, human rights activists, advocates, or groups as well as any non-governmental organisations, may institute human rights application on behalf of any potential applicant. In human rights litigation, the applicant may include any of the following:
(i) Anyone acting in his own interest;
(ii) Anyone acting on behalf of another person;
(iii) Anyone acting as a member of, or in the interest of a group or class of persons;
(iv) Anyone acting in the public interest, and 
(v) Association acting in the interest of its members or other individuals or groups

(f) The Court shall in a manner calculated to advance Nigerian democracy, good governance, human rights and culture, pursue the speedy and efficient enforcement and realisation of human rights.

(g) Human rights suits shall be given priority in deserving cases. Where there is any question as to the liberty of the applicant or any person, the case shall be treated as an emergency.' 

Philippines

Republic Act No. 7356 

Section 2: 'Culture is a manifestation of the freedom of belief and of expression and is a human right to be accorded due respect and allowed to flourish.'

Philippine Clean Air Act of 1999 

Section 4: '... the following rights of citizens are hereby sought to be recognized and the State shall seek to guarantee their enjoyment:

(a) The right to breathe clean air;

(b) The right to utilize and enjoy all natural resources according to the principles of sustainable development;

(c) The right to participate in the formulation, planning, implementation and monitoring of environmental policies and programs and in the decision-making process;

(d) The right to participate in the decision-making process concerning development policies, plans and programs projects or activities that may have adverse impact on the environment and public health;

(e) The right to be informed of the nature and extent of the potential hazard of any activity, undertaking or project and to be served timely notice of any significant rise in the level of pollution and the accidental or deliberate release into the atmosphere of harmful or hazardous substances;

(f) The right of access to public records which a citizen may need to exercise his or her rights effectively under this Act;

(g) The right to bring action in court or quasi-judicial bodies to enjoin all activities in violation of environmental laws and regulations, to compel the rehabilitation and cleanup of affected area, and to seek the imposition of penal sanctions against violators of environmental laws; and

(h) The right to bring action in court for compensation of personal damages resulting from the adverse environmental and public health impact of a project or activity.'

Brazil

The American Convention on Human Rights was incorporated into domestic law by Decree 678/1992, and the additional protocol to the Convention (Protocol of San Salvador) was incorporated by Decree 3.321/1999.

Article 11: '(...) Everyone has the right to live in a healthy environment and to access basic public services. (...) States Parties shall promote the protection, preservation and improvement of the environment.

The Convention on Biological Diversity (CBD) was implemented by Decree 2.519/1998. 

'The decree is aimed at conserving biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits derived from the use of genetic resources. Thus, it promotes the protection of traditional communities that their way of life is related to natural resources.'

This decree has been sanctioned as Law No.13.123.

The International Covenant on Economic, Social and Cultural Rights was enacted by Federal Decree 591/1992. 

Article 1: 'The International Covenant on Economic, Social and Cultural Rights, attached by copy to this Decree, will be executed and fulfilled as fully as it contains.'

'The objectives set forth in its text must be respected by private activities, even through a vertical application.'

The Convention on the Rights of the Child was incorporated by Decree 99.710/1990. 

Article 1: The Convention on the Rights of the Child, attached by copy to this Decree, will be executed and complied with as fully as it contains.

'Children and adolescents are in a situation of vulnerability in the face of the climate crisis. Therefore, activities that contribute to the worsening of this scenario disproportionately affect the rights of children and adolescents, which violates Brazilian legislation.'

The International Labor Organization's (ILO) Convention 169 was incorporated by Decree 10.088/2019.

The decree 'provides that indigenous peoples shall be consulted in a free, prior and informed manner before decisions are made that affect them. These rights are also applied to the Brazilian traditional communities in view of the broad concept as defined in the Convention. Therefore, if a project is likely to affect a community, it should be consulted in advance and its opinions should be respected.'

The Convention on the Protection and Promotion of the Diversity of Cultural Expressions is implemented by Decree 6.177/2007.

The decree aims to highlight the relationship between traditional knowledge and sustainable development.

Nigeria

African Charter on Human and Peoples' Rights (Ratification and Enforcement) Act 

Article 24: 'All peoples shall have the right to a general satisfactory environment favourable to their development.'

Article 4: 'Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.'

Article 16: '1. Every individual shall have the right to enjoy the best attainable state of physical and mental health.

2. States Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.'

Norway

Act relating to the strengthening of the status of human rights in Norwegian law (The Human Rights Act) 

Section 2: 'The following conventions shall have the force of Norwegian law insofar as they are binding for Norway:

1. The Convention of 4 November 1950 for the Protection of Human Rights and Fundamental Freedoms as amended by Protocol no. 15 of 24 June 2013, together with the following protocols:
a. Protocol of 20 March 1952
b. Protocol no. 4 of 16 September 1963 on the protection of certain rights and freedoms other than those already included in the Convention and in the First Protocol to the Convention
c. Protocol no. 6 of 28 April 1983 concerning the abolition of the death penalty
d. Protocol no. 7 of 22 November 1984
e. Protocol No. 13 of 3 May 2002 concerning the abolition of the death penalty in all circumstances

2. The International Covenant of 16 December 1966 on Economic, Social and Cultural Rights,

3. The International Covenant of 16 December 1966 on Civil and Political Rights, together with the following protocols:
a. Optional Protocol of 16 December 1966,
b. Second Optional Protocol of 15 December 1989 on the abolition of the death penalty.

4. The Convention of 20 November 1989 on the Rights of the Child, together with the following protocols:
a. Optional Protocol of 25 May 2000 on the sale of children, child prostitution and child pornography,
b. Optional Protocol of 25 May 2000 on the involvement of children in armed conflict

5. The Convention of 18 December 1979 on the Elimination of All Forms of Discrimination against Women with Optional Protocol of 6 October 1999.'

Kenya

Environmental Management and Coordination Act (EMCA) No.8 of 1999 

Part IX, Section 124: '(1) Where Kenya is a party to an international treaty, convention or agreement, whether bilateral or multilateral, concerning the management of the environment, the Authority shall, subject to the direction and control of the Council, in consultation with relevant lead agencies: - 
(a) initiate legislative proposals for consideration by the Attorney-General, for purposes of giving effect to such treaty, convention or agreement in Kenya or for enabling Kenya to perform her obligations or exercise her rights under such treaty, convention or agreement; and
(b) identify other appropriate measures necessary for the national implementation of such treaty, convention or agreement.

(2) The Authority shall, in relation to the formation of international treaties, conventions or agreements on the environment, assist the relevant lead agencies negotiating such treaties, conventions or agreements.

(3) The Authority shall keep a register of all international treaties, agreements or conventions in the field of the environment to which Kenya is a party.'

United Kingdom

Human Rights Act 1998 

Section 7: 'Proceedings

(1) A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a) bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b) rely on the Convention right or rights concerned in any legal proceedings, but only if he is (or would be) a victim of the unlawful act.'

Section 8: 'Judicial remedies

(1) In relation to any act (or proposed act) of a public authority which the court finds is (or would be) unlawful, it may grant such relief or remedy, or make such order, within its powers as it considers just and appropriate.'

Section 6: 'Acts of public authorities

(1) It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

(2) Subsection (1) does not apply to an act if —
(a) as the result of one or more provisions of primary legislation, the authority could not have acted differently; or
(b) in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.

(3) In this section "public authority" includes —
(a) a court or tribunal'.

Section 3: 'Interpretation of legislation

(1) So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.'

Brazil

Decree 9.571/2018 establishes the National Guidelines on Business and Human Rights. Companies should, among other things, monitor the appreciation of human rights in the production chain linked to the company; and disseminate internally the international instruments of social responsibility and human rights, such as the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, and the International Labour Organization conventions. It is noteworthy that Article 12 of Decree 9,571/2018 when providing that 'companies are responsible for adopting initiatives for environmental sustainability' includes in its item VI the adoption of measures aimed at 'reducing greenhouse gas emissions in order to contribute to the fight against climate change'. Although it is voluntary, it can be used to reinforce companies' commitments to human rights, especially those affected by climate change.

France

Article L. 225-102-4 of the French Commercial Code (Loi 27 Mars 2017 sur le devoir de vigilance des sociétés mères et des entreprises donneuses d'ordre) 

Article L. 225-102-4. - I.: 'Any company that at the end of two consecutive financial years, employs at least five thousand employees within the company and its direct and indirect subsidiaries, whose head office is located on French territory, or that has at least ten thousand employees in its service and in its direct or indirect subsidiaries, whose head office is located on French territory or abroad, must establish and implement an effective vigilance plan. (...)

The plan shall include the reasonable vigilance measures to allow for risk identification and for the prevention of severe violations of human rights and fundamental freedoms, serious bodily injury or environmental damage or health risks'. (...)

Article L. 225-102-4. - II.: 'When a company does not meet its obligations in a three months period after receiving formal notice to comply with the duties laid down in I, the relevant jurisdiction can, following the request of any person with legitimate interest in this regard, urge said company, under financial compulsion if appropriate, to comply with its duties.'

Article 225-102-5.: 'According to the conditions laid down in Articles 1240 and 1241 of the Civil Code, the author of any failure to comply with the duties specified in Article L. 225-102-4 of this code shall be liable and obliged to compensate for the harm that due diligence would have permitted to avoid.

In which case, the amount of the fine as laid down in Article L. 225-102-4, II can be augmented up to three times, depending on the seriousness and the circumstances of the negligence and the damage caused.

The action to establish liability shall be filed before the relevant jurisdiction by any person with a legitimate interest to do so.'

Germany

Act on Corporate Due Diligence Obligations in Supply Chains (Lieferkettensorgfaltspflichtengesetz, LkSG) 

Section 3(1): 'Enterprises are under an obligation to exercise due regard for the human rights and environment-related due diligence obligations set out in this Division in their supply chains with the aim of preventing or minimising any risks to human rights or environment-related risks or of ending the violation of human rights-related or environment-related obligations.'

Nigeria

Environmental Impact Assessment Act 

Section 2(2): 'Where the extent, nature or location of a proposed project or activity is such that it is likely to significantly affect the environment, its environmental impact assessment shall be undertaken in accordance with the provisions of this Act.'

United Kingdom

Environment Act 2021 

Schedule 17, Article 3: '(1) A regulated person in relation to a forest risk commodity who uses that commodity or a product derived from that commodity in their UK commercial activities must establish and implement a due diligence system in relation to that commodity.

(2) In this Schedule a "due diligence system", in relation to a forest risk commodity, means a system for—
(a) identifying, and obtaining information about, that commodity,
(b) assessing the risk that relevant local laws were not complied with in relation to that commodity, and
(c) mitigating that risk.'

Financial Services and Markets Act 2023 

Section 21: 'Sustainability disclosure requirements (1) FSMA 2000 is amended as follows.

(2) After section 416 insert—

"Sustainability disclosure requirements

416A SDR policy statement

(1) The Treasury may prepare an SDR policy statement.

(2) An "SDR policy statement" is a statement of the policies of His Majesty's Government concerning disclosure requirements in connection with matters relating to sustainability.'

Section 79: 'Forest risk commodities: review

(1) The Treasury must carry out a review to assess the extent to which regulation of the UK financial system is adequate for the purpose of eliminating the financing of the use of prohibited forest risk commodities.

(2) In subsection (1) the reference to "prohibited" forest risk commodities is a reference to forest risk commodities, or products derived from forest risk commodities, the use of which is prohibited by paragraph 2 of Schedule 17 to the Environment Act 2021.'

China

Civil Code of the People's Republic of China 

Article 1172: 'Where the tortious acts committed by two or more persons respectively cause the same damage to another person, each of them shall bear the liability in proportion to their respective share of fault if it can be determined, or in equal share if it cannot be determined.'

Civil Procedure Law of the People's Republic of China 

Article 15: 'Where an act has infringed upon the civil rights and interests of the State, a collective organization or an individual, any State organ, public organization, enterprise or institution may support the injured unit or individual to bring an action in a people's court.'

Article 58: 'Institutions and relevant organizations prescribed by law may bring an action before the People's Court for the conducts that damages public interest, such as environmental pollution and infringement upon many consumers legal rights. If People's Procuratorate found conducts that damage public interest during the performance of duty, such as damage to the ecological environment and resource conservation, infringement of legal rights upon many consumers in food and drug safety, the Procuratorate may bring an action before the People's Court on condition that there is a lack of such institutions and organizations prescribed before, or such institutions and organizations does not bring the lawsuit. If institutions and relevant organizations prescribed before bring an action before the court, the Procuratorate may support the litigation.'

Italy

Italian Civil Code 

Article 2043: 'Any intentional or negligent act that causes an unjustified injury to another obliges the person who has committed the act to pay damages.'

Article 2050: 'Whoever causes injury to another in the performance of an activity dangerous by its nature or by reason of the instrumentalities employed, is liable for damages, unless he proves that he has taken all suitable measures to avoid the injury.'

Article 2051: 'Everyone is liable for injuries caused by things in his custody, unless he proves that the injuries were the result of unforeseeable circumstances.'

Netherlands

Dutch Civil Code 

(soft law obligations for corporations to respect and protect human rights can be invoked to bring a case based on the tort of negligence contained in Article 6:162 of the Civil Code)

Article 6:162: '- 1. A person who commits a tortious act (unlawful act) against another person that can be attributed to him, must repair the damage that this other person has suffered as a result thereof.

- 2. As a tortious act is regarded a violation of someone else's right (entitlement) and an act or omission in violation of a duty imposed by law or of what according to unwritten law has to be regarded as proper social conduct, always as far as there was no justification for this behaviour.

- 3. A tortious act can be attributed to the tortfeasor [the person committing the tortious act] if it results from his fault or from a cause for which he is accountable by virtue of law or generally accepted principles (common opinion).'

Poland

Polish Civil Code 

Article 5: 'Abuse of right. One cannot exercise one's right in a manner contradictory to its social and economic purpose or the principles of community life. Acting or refraining from acting by an entitled person is not deemed an exercise of that right and is not protected.'

Article 23: 'Protection of personal interests. The personal interests of a human being, in particular health, freedom, dignity, freedom of conscience, name or pseudonym, image, privacy of correspondence, inviolability of home, and scientific, artistic, inventive or improvement achievements are protected by civil law, independently of protection under other regulations.'

Article 24: 'Means of protection.

§ 1. Any person whose personal interests are threatened by another person's actions may demand that the actions be ceased unless they are not unlawful. In the case of infringement he may also demand that the person committing the infringement perform the actions necessary to remove its effects, in particular that the person make a declaration of the appropriate form and substance. On the terms provided for in this Code, he may also demand monetary recompense or that an appropriate amount of money be paid to a specific public cause.

§ 2. If, as a result of infringement of a personal interest, financial damage is caused, the aggrieved party may demand that the damage be remedied in accordance with general principles.

§ 3. The above provisions do not prejudice any rights provided by other regulations, in particular by copyright law and the law on inventions.'

Article 444: 'Personal injury. § 1. In the event of bodily injury or health disorder, remedy of damage includes all resulting costs. On the aggrieved party's demand, the person obliged to remedy the damage should pay in advance the sum necessary for medical costs and if the aggrieved party becomes disabled also the sum needed to train him for another occupation. § 2. If the aggrieved party becomes completely or partially incapable of working or if his needs have increased or his future perspectives have diminished, he may demand an appropriate annuity from the person obliged to remedy the damage. § 3. If, at the time the judgment is passed, the damage cannot be precisely assessed, a temporary annuity may be awarded to the aggrieved party.'

Article 445: 'Monetary recompense. § 1. In the instances referred to in the preceding article, the court may award an appropriate sum to the aggrieved party as monetary recompense for the harm suffered.'

Article 448: 'Infringement of personal interests. In the event of infringement of one's personal interests the court may award to the person whose interests have been infringed an appropriate amount as monetary recompense for the harm suffered or may, at his demand, award an appropriate amount of money to be paid for a social cause chosen by him, irrespective of other means necessary to remove the effects of the infringement. Article 445 § 3 applies.'