Publication details

The (Missing) Right to a Healthy Environment in International Human Rights Law, especially the European Convention on Human Rights

Authors

LHOTSKÝ Jan

Year of publication 2021
Type Chapter of a book
MU Faculty or unit

Faculty of Social Studies

Citation
Description The article discusses the extent to which the right to a healthy environment is formally anchored in international law. As environmental rights are becoming more topical, the text focuses on their relationship with human rights law. Although the right to a healthy environment is contained in a number of international instruments, it is not included in the European Convention on Human Rights. In the article, two possible solutions are suggested. First, a new protocol on the right to a healthy environment could be elaborated and ratified to be formally included in the Convention. Second, the European Court of Human Rights could develop its current jurisprudence on environmental matters based on the living instrument doctrine in order to reflect societal developments and the need for environmental protection.

You are running an old browser version. We recommend updating your browser to its latest version.

More info