The great indoors: linking human rights
and the built environment
Joshua C Gellers
Assistant Professor, Department of Political Science and Public Administration, University of North
Florida, USA
It is widely held that environmental rights are conceived as legal guarantees intended to
protect individuals from environmental harms and improve the quality of the environment.
However, thus far much of the scholarly attention paid to environmental rights has focused
on their application to the natural environment. I argue that, in conjunction with interna-
tional human rights regarding housing, health, and water and sanitation, environmental
rights should apply to the built environment as well. Through an analysis of international
law, case law and scientific evidence, I demonstrate that protecting indoor environmental
quality (IEQ) is necessary to the full realization of health, housing, water and sanitation,
and environmental rights. This argument has three important implications. First, it pro-
vides victims of indoor environmental harms with a rights-based mechanism for redres-
sing their grievances. Second, it makes a strong case for the inclusion of green building
development in efforts to protect environmental rights throughout the world. Third, by
directing policymakers to specific, measurable steps that can be taken to protect environ-
mental rights, it refutes the charge that such rights are too ambiguous to be successfully
implemented.
Keywords: environmental rights, human rights, housing, public health, water, sanitation,
green buildings, constitutions, international law, indoor environmental quality
1 INTRODUCTION
Legal scholars have long emphasized the role that environmental rights might play in
safeguarding or improving the quality of the natural environment for citizens within a
state or region, or at the international level. In addition, advocates of environmental
justice have typically focused on how outdoor sources of pollution disproportionately
affect marginalized groups.
1
The connections between ambient air pollution and
health are well documented, and environmental rights are seen as ‘powerful tools’
for protecting outdoor environmental quality.
2
Yet, people across the developed
world spend over 90 per cent of their time indoors.
3
Indeed, ‘the indoor realm is
1. G Adamkiewicz and others, ‘Moving Environmental Justice Indoors: Understanding
Structural Influences on Residential Exposure Patterns in Low-Income Communities’ (2011)
101 American Journal of Public Health S238, S238.
2. N Guillerm and G Cesari, ‘Fighting Ambient Air Pollution and Its Impact on Health:
From Human Rights to the Right to a Clean Environment’ (2015) 19 International Journal of
Tuberculosis and Lung Disease 887, 887.
3. F Wu and others, ‘Improving Indoor Environmental Quality for Public Health: Impedi-
ments and Policy Recommendations’ (2007) 115 Environmental Health Perspectives 953.
Journal of Human Rights and the Environment, Vol. 7 No. 2, September 2016, pp. 243–261
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