The Council of Europe has identified the protection of the environment and human rights as a top priority. The organisation already has a long and rich acquis of instruments and standards relating to human rights and the environment, including over 300 judgments of the European Court of Human Rights relating to environmental issues and numerous decisions and conclusions of the European Committee of Social Rights. These developments are described in detail by the Steering Committee for Human Rights (CDDH) in the Manual on Human Rights and the Environment.

In Recommendation CM/Rec(2022)20 to member States on human rights and the protection of the environment, which was drafted by the CDDH, the Committee of Ministers recognised that “measures to address the triple planetary crisis of climate change, loss of biodiversity and pollution are essential to the better enjoyment of human rights” and that “life and well-being on our planet are contingent on humanity’s collective capacity to guarantee both human rights and a clean, healthy and sustainable environment for present and future generations”.

All Council of Europe member States voted in favour of the United Nations General Assembly Resolution 76/300, adopted in July 2022, which recognised the right to a clean, healthy and sustainable environment as a human right related to other rights and existing international law. The Council of Europe as such, however, has not recognised this right. Recommendation CM/Rec(2022)20 calls on member States to “reflect on the nature, content and implications of the right to a clean, healthy and sustainable environment and, on that basis, actively consider recognising at the national level this right as a human right that is important for the enjoyment of human rights and is related to other rights and existing international law”. The Committee of Ministers has invited the CDDH, in the context of its ongoing work on human rights and the environment, to consider the need for and feasibility of a further instrument or instruments on human rights and the environment. Work on the draft report began at the 5th meeting of the CDDH Drafting Group on Human Rights and the Environment (CDDH-ENV) in September 2022. The CDDH-ENV held its last meeting on 19-21 March 2024 with a view to transmit the draft report to the CDDH for its adoption at the meeting of the latter in June 2024.

On 9 April 2024, the Grand Chamber of the European Court of Human Rights (the Court) delivered rulings in three climate change cases. Following the delivery of these rulings, the CDDH at its 100th Plenary meeting (25-28 June 2024) considered their consequences for the finalisation of the CDDH Study on the need for and feasibility of a further instrument or instruments in the field of human rights and the environment. It decided to take note of the draft report prepared by the CDDH-ENV and adopted a report to the Committee of Ministers on progress in its work on this issue, with a request for extension of the deadline for the feasibility study until 31 December 2024.

The CDDH is set to adopt its study on need and feasibility at its plenary meeting during its 101st Plenary meeting held between 25-29 November 2024.