Council of Europe challenged to legally recognise the right to a healthy environment
At a critical time for the planet, marked by the climate crisis, biodiversity loss and pollution, UN experts have urged Council of Europe ministers to legally recognise the right to a clean, healthy and sustainable environment as a fundamental human right. The negotiations focus on the need to establish a binding Additional Protocol to the European Convention on Human Rights.
The right to a clean, healthy and sustainable environment was already recognised as a fundamental human right by the United Nations General Assembly on 28 July 2022, insisting that climate change and environmental degradation are among the most urgent threats to the future of human beings. However, this resolution is not legally binding, so its protection and enforcement is not mandatory.
Recognition of the importance of environmental awareness began as early as 1973, when the United Nations Assembly established 5 June as World Environment Day. Despite the fact that for 50 years this celebration has become more and more relevant, the climate emergency is evident, revealing a global lack of action to protect our planet. Consequences such as a 50% increase in exposure to polluted air in a decade, as well as three times more plastic waste in our ecosystems by 2040, are just some of the challenges we will experience if we do not urgently address these growing problems.
In Europe, last year was recorded as the hottest year ever experienced, with record annual temperatures in half of the continent. In particular, the latest report by the European Union’s Copernicus service shows that 45% of the days recorded much higher than average temperatures, and 12% were the hottest on record. They acknowledged that the region is warming twice as fast as the global average, suffering unprecedented heat waves and extreme weather events with devastating consequences.
The experts insist that the establishment of an additional protocol to protect this right would be crucial to strengthen legal protection for people and the planet and to respond to the countless demands of affected individuals and communities, the European Parliament, hundreds of organisations, social movements and academia. They stress that this explicit recognition can bring social, economic and environmental benefits, as it will favour healthier ecosystems, eliminate health inequalities between individuals and communities, and save costs for public health, among other things.
Legal recognition of the right to a healthy environment would also provide a solid basis for citizens and communities to demand concrete action on environmental challenges. It would also provide greater consistency in the decisions of the European Court of Human Rights in environment-related cases.
This debate has gained momentum through the “Right to a Healthy Environment in the Council of Europe” campaign, supported by more than 400 civil society organisations and indigenous peoples. These organisations urge member states to adopt an additional protocol to the European Convention on Human Rights that would enshrine this right in a binding way.
Against this backdrop, civil society has launched a campaign for the adoption of the additional protocol. Through a letter, it is urged to unite voices among organisations and social movements to achieve greater pressure on the member states of the Council of Europe and to effectively protect the right to a healthy environment. FIBGAR, as an organisation committed to the effective guarantee of human rights, has joined this call and urges other organisations to join the cause. Sign the letter: https://docs.google.com/forms/d/e/1FAIpQLSfYzbV3H2vjfe8gMK9pEGTvquZ9vTZhc6WH2bN8Wg6onER5iw/viewform
In conclusion, the Council of Europe has the opportunity to lead in the protection of human rights in the context of the environmental crisis. The adoption of a binding Protocol recognising the right to a clean, healthy and sustainable environment would be a decisive step towards a more just and sustainable future for all.
Carmen Coleto Martínez, FIBGAR Junior Project Manager
