Implementing ECtHR judgments on the right to a healthy environment at a national level

Abstract

The European Convention of Human Rights enshrines fundamental rights and freedoms. It also established the European Court of Human Rights whose duty is to safeguard the rights found in the Convention. To guarantee utmost protection, it may impose positive obligations on States. These are substantive and procedural requirements that States must employ to effectively secure the rights of those within their territory. This is how the Court has been able to impose environmental obligations on States and award the right to a healthy environment since there is no direct right. Having no direct right to a healthy environment, the Court in its judgments has been able to impose environmental obligations on States and awarding the right to a healthy environment through its interpretation of other rights enshrined in the Convention. The Court has declared violations of the right to life and the right to private and family life. Thus, States have substantive positive obligations to implement an adequate legislative framework protecting against environmental harm. Furthermore, the Court has imposed procedural positive obligations such as the right to information and the right to an effective remedy. States enjoy a margin of appreciation that allows them to assess their situation and may interfere with a fundamental right if they have a legitimate aim in the interest of the community as a whole by implementing a measure that must be proportionate to the aim pursued. This margin of appreciation tends to be wider regarding positive obligations. Moreover, case-law is only binding upon the responding state. A legal discussion on the importance of having a direct right to a healthy environment is pertinent now more than ever due to the global awareness of the connection between environmental degradation and the quality of life. As shall be highlighted through this work, adirect right could be beneficial for clearly defined obligations and harmonised standards across States. It could be the necessary and courageous step to drastically reduce environmental harm.