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Human rights and the environment

Presentation

Human rights and the environment have become increasingly interconnected. For this reason, the Committee of Ministers entrusted the Steering Committee for Human Rights with the task of preparing an instrument which would contribute to a better understanding of this relationship. For this purpose, the Steering Committee drew up a manual focusing on the relevant case-law of the European Court of Human Rights. With the approval of the Committee of Ministers, this manual was published in early 2006. A revised version of the manual was prepared in 2011 at the request of the Steering Committee. The update of the manual has been conducted in the light of new relevant case-law of the European Court of Human Rights and also includes decisions of the European Committee of Social Rights. The new version adopted by the Steering Committee at its 73rd meeting (6-9 December 2011), contains in addition to the previous version an appendix on good national practices compiled on the basis of the contributions of several member states.

Whilst the European Convention on Human Rights does not guarantee a specific right to a healthy and sound environment, the general standards deriving from it may nonetheless also apply to environmental matters. The Court regularly examines complaints in which individuals argue that a breach of their Convention rights is the result of adverse environmental factors. Conversely, the protection of the environment may also be a legitimate aim for the authorities to justify interference with certain individual rights (for instance, the Court has established that the right to the peaceful enjoyment of one's possessions may be restricted if it is considered necessary for the protection of the environment).

The European Court of Human Rights has already identified in its case-law issues related to the environment which affect the right to life (Art. 2 ECHR), the right to respect for private and family life as well as the home (Art. 8 ECHR), the right to receive and impart information and ideas (Art. 10 ECHR), the right to an effective remedy (Art. 13) and the right to the peaceful enjoyment of one's possessions (Art. 1 of Protocol No. 1 to the ECHR). The European Committee of Social Rights has interpreted the right to protection of health (Article 11) under the European Social Charter as including a right to a healthy environment. The aim of this manual is to present the principles flowing from this case-law in a systematic and accessible way. It has been prepared by governmental experts from all member States of the Council of Europe. It is intended to be of practical use not only for public authorities, but also decision-makers, legal professionals and the general public.

Link to the text of the Manuel on Human Rights and the Environment 2012, 2nd edition. The publication of the new manual is available since June 2012 - see link to our Publications.

  Link to the GT-DEV-ENV