New Technologies in International Law / Tymofeyeva, Crhák et al.

a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.” 191 Another important aspect are the basic obligations of States under human rights law as they relate to the enjoyment of a clean, healthy and sustainable environment. In 2018, the former Special Rapporteur on the Environment, John H. Knox , introduced the framework principles on human rights and the environment. The framework principles reflect the application of existing human rights obligations in the environment context. States have obligations under human rights law to protect against environmental harm. The obligations include procedural obligations (such as duties to provide information, facilitate participation and provide access to remedies), substantive obligations (including to regulate private actors) and heightened obligations to those in particularly vulnerable situations. 192 In this chapter, we only highlight those framework principles, which are particularly important in connection to the development and use of AI. In accordance with the framework principles, States should respect, protect and fulfil human rights in order to ensure a safe, clean, healthy and sustainable environment. 193 States should therefore refrain from violating human rights through causing or allowing environmental harm; protect against harmful environmental interference from other sources, including business enterprises, other private actors and natural causes; and take effective steps to ensure the conservation and sustainable use of the ecosystems and biological diversity on which the full enjoyment of human rights depends. States should undertake due diligence to prevent such harm and reduce it to the extent possible, and provide for remedies for any remaining harm. 194 As it was mentioned earlier, the AI has a considerable effect on the environment; therefore, in accordance with Framework principle 8, States should require the prior assessment of the possible environmental impacts of proposed projects and policies, including their potential effect on the enjoyment of human rights. 195 Various stakeholders significantly affect the development and use of AI. Therefore, States should ensure the effective enforcement of their environmental standards against public and private actors, 196 as well as compliance with all applicable environmental and human rights laws. Furthermore, business enterprises should conduct human rights impact assessments in accordance with the Guiding Principles on Business and Human Rights . 197 Guiding Principles 18 and 19 provide that businesses should identify and 191 Declaration of the United Nations Conference on the Human Environment (June 16, 1972). In: Report of the United Nations Conference on the Human Environment , UN Doc. A/CONF.48/14/Rev. 1, principle 1. 192 UN Human Rights Council, Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, A/HRC/37/59, (2018), para 3. 193 Ibid., Framework principle 2, p. 7. 194 Ibid., pp. 7–8. 195 Ibid., p. 11. 196 UN Human Rights Council, Report of the Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, A/HRC/37/59, (2018). Framework principle 12. 197 UN Office of the High Commissioner for Human Rights, Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, New York, and Geneva, 2011, .

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