Biodiversity as a Human Right
Biodiversity lies at the heart of healthy ecosystems and human well-being. The diversity of life across aquatic and terrestrial environments sustains the natural systems that provide food, medicine, clean water, climate regulation and cultural/spiritual value. The protection of biodiversity is therefore not only an environmental concern, but a fundamental condition for the enjoyment of human rights and the maintenance of present and future generations.
Biodiversity is increasingly recognised in international and national legal frameworks as a core element of the Human Right to a Clean, Healthy and Sustainable Environment. This recognition reflects the understanding that people have a legitimate interest in accessing and benefiting from natural resources, both for their intrinsic value and for the realisation of other human rights. safeguarding biodiversity also means protecting the integrity of ecosystems that support agriculture, fisheries, freshwater systems and natural landscapes.
Despite this recognition, biodiversity remains insufficiently integrated into national laws, policies and planning processes. In many countries it is treated as a secondary or technical environmental issue rather than as a legal and human rights obligation (learn more: here). As a result, biodiversity protection is often fragmented, under prioritised and disconnected from broader governance frameworks including water management, infrastructure development and land-use planning.[1]
The Project
In recognition of the importance of biodiversity, not only as a goal in itself for nature, but also as a human right, Human Right 2 Water has embarked on a programme in partnership with IUCN to map out the international laws relating to biodiversity, according to the standards and principles of human rights.
This project applies a human rights-based legal mapping methodology to produce a gap analysis of biodiversity legislation. Rather than treating biodiversity solely as an environmental objective for nature, the methodology positions access to biodiversity as an essential element from a human rights perspective, considering its links to other rights such as to water, food, health and culture. It therefore considers how different people can access biodiversity, bearing in mind that we all should have equal rights.
The methodology translates international biodiversity and human rights obligations into structured assessment questions that examine how States implement international commitments into domestic law. It is organised around key human rights principles, such as accessibility and availability, which provides a practical lens for evaluating how biodiversity protection is implemented.
With the support of White and Case international lawyers, we are in the process of applying this assessment to a global selection of countries, to review how biodiversity is currently being applied. Our goal is to create a body of knowledge that will allow us to develop an analysis of good practices, guidelines, and justification for further elevating biodiversity to a human right. Our first results will be published in the Spring of 2026, so please keep an eye on this page.
[1] Zinngrebe, Y. (2023) Planning for Implementation: Shifting the Focus of National Biodiversity Strategies to Local Narratives, Existing Institutional Settings and Social Capital. Sustainability 15(12)
