Recognizing the Right to a Healthy Environment in Europe

The Council of Europe is urged to recognize the right to a healthy environment, particularly following a significant ECHR ruling against Swiss climate inaction. Advocates assert that formal acknowledgment is essential for protecting individuals’ rights amid escalating environmental crises. With over 400 organizations calling for action, there is substantial momentum for establishing this right legally across member states.

The Council of Europe currently stands out as the sole regional human rights organization that has not yet recognized the right to a healthy environment. This discussion regained momentum following a landmark ruling by the European Court of Human Rights (ECHR) in favor of older Swiss women concerned about the health impacts of climate change, which determined that the Swiss government’s inaction constituted a violation of their fundamental rights. Although the ruling set a precedent for future climate litigation, it did not specifically address the right to a healthy environment due to its lack of recognition within European law. Advocates assert that establishing this right is vital for safeguarding individuals’ protection against environmental damage, ensuring access to clean air and water, and promoting public participation in environmental decision-making. Despite the UN General Assembly’s recognition of the right to a safe environment in 2022, implementation remains inconsistent across member states, with significant progress in domestic laws observed in 80% of UN member countries. Demands for the Council of Europe to formally recognize this right have persisted for over five decades. Recently, over 400 civil society organizations, including Amnesty International and Greenpeace, urged for immediate action to establish it legally. Notably, 42 of 46 member states already accommodate this right within their national frameworks, and a recent summit emphasized the importance of strengthening human rights related to environmental concerns. Advocates argue for a more unified approach to ensure adequate environmental protections and address climate change effectively.

The right to a healthy environment is increasingly recognized globally, notably within the UN framework, yet remains absent in Europe’s legal systems. The lack of such recognition limits accountability for governments failing to protect human rights in the context of environmental issues. Recent rulings from international courts, particularly the ECHR concerning Swiss climate inaction, indicate shifting perspectives on the intersection of human rights and environmental policy. The push for state-level recognition reflects the urgent need for robust international environmental legislation.

The urgent calls for the Council of Europe to recognize the right to a healthy environment underscore the need for legal frameworks that protect individuals against climate change impacts. The momentum gained from recent court rulings and civil society advocacy highlights the gap in Europe’s human rights protections and reiterates the necessity for unified efforts to advance environmental justice in line with global standards.

Original Source: www.euronews.com