Ensuring the human rights to a healthy environment: normative regulation and practice of the ECtHR
Ensuring the human rights to a healthy environment: normative regulation and practice of the ECtHR

Summary/Abstract: This article examines the regulatory practice and the practice of the ECtHR in ensuring the right to a healthy environment. At the present stage of humankind, the question of understanding a person as part of an ecosystem is increasingly being raised. In this regard, it is important to emphasize that the current state of international legal regulation of environmental relations strongly indicates the need for serious reforms to international environmental law, primarily in terms of increasing the effectiveness of existing mechanisms for environmental cooperation between states and creating new mechanisms for such cooperation. It has been established that environmental rights are implemented primarily through the formation of international policy and legislation, especially the EU’s strategic position on the environment. This was legally enshrined in the Treaty on the European Community, which declared the EU’s aspirations for a high degree of protection, improving the quality of the environment and people’s standard of living. Over time, this became a starting point for the environmental policy and law of the EU, and then a duty for the implementation of national environmental legislation. It is indicated that the scientific recognition and normative consolidation of environmental rights in international law are important for the development of international-ideological concepts of environmental protection, based on the ideas of solving environ mental problems in the interests of the individual and all humankind. This is also salient for the formation of a system of international environmental law. A striking example of an international treaty that secures environmental human rights is the Convention of the United Nations Economic Commission for Europe on Access to Information, Public Participation in Decision-¬Making and Access to Justice on Environmental Issues, adopted on 25 June 1998, in Aarhus, Denmark (the Aarhus Convention). This identified three main types of environmental rights considered as important factors in the development of democracy: public access to environmental information; public participation in the decision-¬making process on environmental issues; public access to justice on environmental issues. These rights are implemented primarily through the formation of international environmental policy and international environmental legislation, especially the EU’s strategic position on the environment. This was legally enshrined in the Treaty on the European Community, which declared the EU’s aspirations for a high degree of protection, improving the quality of the environment and people’s standard of living. Over time, it became a starting point for the environmental policy and law of the EU, and then a duty for the implementation of national environmental legislation.

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