Protection of the Right to a Healthy Environment Through the Case Law of the European Court of Human Rights: Current Trends
Protection of the Right to a Healthy Environment Through the Case Law of the European Court of Human Rights: Current Trends

Author(s): Ramona Duminică
Subject(s): Energy and Environmental Studies, International Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: Healthy Environment; European Court of Human Rights; Case Law; International Environmental Law;
Summary/Abstract: The right to a healthy environment is part of the third generation of human rights, consisting of the so-called “solidarity rights.” Although it is not expressly regulated in the European Convention on Human Rights or in the additional protocols, this right is nevertheless characterized by a remarkable evolution in terms of recognition and protection through case law. However, the lack of a legal text has been, and continues to be, a challenge for the European judge. Starting from these aspects, this paper examines how the European Court of Human Rights (ECHR) has developed its case law to address this legislative gap. To achieve this objective, the paper first highlights the landmark judgments given by the Court in this matter. It then explores jurisprudential trends—especially in light of the Court’s decision in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. Finally, the paper advocates strengthening the protection of the right to a healthy environment by intensifying cooperation between the European human rights system and international environmental law.

• Details
• Contents