More than 300 organizations have come together to call for an additional Protocol to the European Convention on Human Rights that would establish a right to a clean, healthy, and sustainable environment. In a letter addressed to the Council of Europe, the organizations emphasize the urgent need to protect this right, as many European countries already have provisions for it in their national laws. The letter highlights the importance of a unified approach to interpreting and implementing this right, especially considering the scale of environmental harms in Europe.
The Council of Europe is set to receive this letter just before the European Court of Human Rights releases an opinion in a groundbreaking case involving climate change. The case, brought by Duarte Agostinho and Others against 32 Signatory States to the Paris Agreement, alleges that these countries failed to comply with their commitments to limit the impacts of climate change. The Paris Agreement aims to limit global warming to 1.5° C by reducing greenhouse gas emissions, but enforcement of these obligations has yet to be truly tested.
The letter from the organizations also addresses the increasing impact of environmental degradation on human rights and the rise in related cases at the European Court of Human Rights. It calls for an additional Protocol that would consolidate the Court’s jurisprudence on environmental human rights, creating greater legal certainty. The signatories seem to anticipate a lack of success in the Agostinho v. Portugal case and are urging for a more comprehensive legal framework to address environmental issues.
As the International Court of Justice prepares to issue an advisory opinion on the Obligations of States in respect of Climate Change in response to a request from the United Nations General Assembly, the push for increased legal liability for climate change is gaining momentum. While the opinion will be non-binding, it will guide future legislative development and interpretation of climate-related litigation. The release of this opinion is not expected until 2025, but it will likely have a significant impact on future climate change-related legal proceedings.
The letter to the Council of Europe and the impending ECHR ruling highlight the need for a more robust legal framework to address environmental issues and their impact on human rights. The push for an additional Protocol to establish the right to a clean, healthy, and sustainable environment reflects a growing recognition of the interconnectedness of environmental protection and human rights. Despite the uncertainties surrounding the outcomes of these legal proceedings, it is clear that there is a strong international effort to hold states accountable for their actions in addressing climate change.
The Council of Europe’s response to the letter and the outcomes of the legal cases will have far-reaching implications for environmental protection and human rights in Europe. The call for a binding legal framework to recognize and protect the right to a clean environment underscores the urgency of addressing environmental challenges at the international level. As the impacts of climate change continue to worsen, it is essential that legal mechanisms are put in place to hold governments accountable for protecting the environment and upholding human rights.
