More than 300 organizations have sent a letter to the Council of Europe urging the establishment of a right to a clean, healthy, and sustainable environment through an additional Protocol to the European Convention on Human Rights. The letter, signed by organizations advocating for human rights, environmental protection, gender equality, and social inclusion, emphasizes the existing protection of this right in 42 out of 46 Member States of the Council of Europe. The organizations highlight the urgency of adopting a binding legal framework to recognize and protect this right at a European level.
The timing of the letter coincides with an upcoming ruling by the European Court of Human Rights (ECHR) in the case of Duarte Agostinho and Others v. Portugal and 32 Others. The plaintiffs in this case allege that 33 states that are signatories to the Paris Agreement have failed to fulfill their commitments to combat climate change. The Paris Agreement, which aims to limit global warming to 1.5°C through reductions in greenhouse gas emissions, is legally binding but its enforcement mechanisms have not been fully tested.
The letter emphasizes the increasing impact of environmental degradation on human rights, leading to a rise in related cases at the ECHR. The organizations express the need for a coherent legal framework to protect existing human rights against environmental hazards. They argue that an additional Protocol would consolidate the Court’s jurisprudence, providing greater legal certainty in cases related to environmental human rights issues.
The language of the letter suggests skepticism regarding the outcome of the Agostinho v. Portugal case, which seeks to enforce the Paris Agreement through the European Convention on Human Rights. The plaintiffs claim that climate change caused by respondent States has adverse effects on their lives, well-being, mental health, and homes. They invoke various articles of the Convention, including the right to life, prohibition of ill-treatment, right to respect for private and family life, and prohibition of discrimination.
The letter comes at a time when the International Court of Justice is set to issue an advisory opinion on the obligations of States in respect of climate change. Requested by the United Nations General Assembly in March 2023, this opinion will guide future legislative developments and interpretations of climate-related litigation. While non-binding, it will provide insights into the Court’s perspective on the legal responsibilities of countries in addressing climate change.
The outcome of the letter’s call for an additional Protocol to establish the right to a clean, healthy, and sustainable environment within the framework of the European Convention on Human Rights remains uncertain. However, the organizations behind the letter indicate a broader trend towards increasing legal liability for climate change at both the international and state levels. The push for stronger legal protections for environmental rights reflects the growing recognition of the interconnection between environmental degradation and human rights violations, signaling a shift towards greater accountability for environmental harm.
