Within the project “Human Rights and Sustainable Environment in South-East Europe,”[1] a publication titled “Guidelines on Environmental Protection Cases Through a Human Rights Lens: Pathway to the European Court of Human Rights” has been released.

The purpose of the document is to explain how environmental and climate-related problems can be addressed as human rights issues. This approach is essential when seeking protection before the European Court of Human Rights, which examines violations of rights guaranteed by the European Convention on Human Rights. Environmental harm alone is not sufficient grounds for an application; it must be presented as an interference with protected rights, such as the right to life, respect for private and family life, property rights, or access to justice.

Primarily intended for practicing lawyers, the Guidelines support those representing individuals, communities, or civil society organisations in environmental matters. They offer practical guidance on assessing whether a case that has concluded at the national level may have prospects before the Court. The publication also bridges the gap between environmental regulation and human rights litigation by demonstrating how environmental damage can be framed within the Convention’s existing legal framework.

Although the Convention does not explicitly recognise a right to a healthy environment, the Court’s case law shows that serious pollution, environmental degradation, climate risks, and failures of public authorities may engage established human rights protections. Over time, the Court has clarified the conditions under which states may bear responsibility for such harm.

Framing environmental issues in human rights terms does not replace environmental law mechanisms; rather, it complements them where domestic systems fail to provide adequate protection or remedies. As environmental and climate-related cases continue to grow in number and complexity, understanding the Court’s approach, as well as the limits of the Convention system,  is increasingly important.

The full document is available in PDF format.