DREPTUL LA UN MEDIU SĂNĂTOS CA DIMENSIUNE EMERGENTĂ A PROTECŢIEI DREPTURILOR OMULUI ÎN CADRUL DREPTULUI INTERNAŢIONAL CONTEMPORAN
THE RIGHT TO A HEALTHY ENVIRONMENT AS AN EMERGING DIMENSION OF HUMAN RIGHTS PROTECTION WITHIN CONTEMPORARY INTERNATIONAL LAW

Summary/Abstract: The progressive recognition of the right to a healthy environment represents one of the most significant developments in contemporary international law and human rights protection. Environmental degradation, climate change, and biodiversity loss increasingly affect the effective enjoyment of fundamental human rights, such as the right to life, health, private and family life, and human dignity. In this context, the traditional separation between environmental law and human rights law has become increasingly untenable, giving rise to an integrated normative and jurisprudential approach. This article examines the emergence of the right to a healthy environment as a distinct, yet interconnected, dimension of international human rights protection. It analyses the conceptual foundations of this right within international legal doctrine and explores recent normative developments at the universal and regional levels. Particular attention is paid to the evolving interpretation of existing human rights obligations by international courts and treaty bodies, which have progressively acknowledged the environmental determinants of human rights enjoyment. The study further considers relevant jurisprudence of international and regional judicial bodies, highlighting how environmental harm has been framed as a potential violation of established human rights norms. These judicial developments illustrate the growing recognition of positive obligations incumbent upon states to prevent environmental damage, regulate harmful activities, and ensure effective remedies for individuals and communities affected by environmental degradation. Finally, the article addresses the challenges associated with the implementation of the right to a healthy environment, including normative fragmentation, differences in national legal frameworks, and the tension between environmental protection and economic interests. It argues that the consolidation of this emerging right reflects a broader transformation of international human rights law, one that increasingly acknowledges the intrinsic link between environmental protection and the effective realization of human rights for present and future generations.

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