Balancing its Way Out of Strong Anthropocentrism: Integration of ‘Ecological Minimum Standards’ in the European Court of Human Rights ‘Fair Balance’ Review

Journal of Human Rights and the Environment

62 Pages Posted: 2 May 2022

Date Written: March 1, 2022

Abstract

This article argues that the Strasbourg system of environmental human rights can and ought to transition to the regime of ecological human rights. It proposes that, independently of the possible recognition of the autonomous right to a healthy environment, such transition can be achieved by integrating ecological minimum standards into the European Court of Human Rights’ ‘fair balance’ review. These ecological minimum standards are a set of notions that express the legal paradigms of immersive anthropocentrism and ecocentrism; that give due consideration to climate and biodiversity crises; that include the concepts of sustainable development and sustainable use of natural resources; as well as the principles of intergenerational equity, precaution, and in dubio pro natura. A comparative law methodology is employed to illustrate the effective judicial integration of such standards by fundamental and human rights jurisdictions in Latin America.

Keywords: Human rights, environment, climate change, right to a healthy environment, anthropocentrism, ecocentrism, sustainable development, intergenerational equity, precautionary principle, in dubio pro natura

Suggested Citation

Kobylarz, Natalia, Balancing its Way Out of Strong Anthropocentrism: Integration of ‘Ecological Minimum Standards’ in the European Court of Human Rights ‘Fair Balance’ Review (March 1, 2022). Journal of Human Rights and the Environment, Available at SSRN: https://ssrn.com/abstract=4093117

Natalia Kobylarz (Contact Author)

European Court of Human Rights ( email )

Strasbourg, Alsace region
France
0033390215496 (Phone)

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