Anchoring The Right to a Healthy Environment In The European Convention on Human Rights: What Concretized Normative Consequences Can Be Anticipated for The Strasbourg Court In The Field of Admissibility Criteria?

38 Pages Posted: 3 Apr 2023 Last revised: 8 May 2023

Date Written: March 23, 2023

Abstract

This article explores, in a concretized and systematized manner, how the projected additional protocol to the ECHR on the right to a healthy environment would likely affect the existing normative framework regarding the ECtHR’s territorial, subject-matter, and personal jurisdiction. It is concluded that institutionalizing a separate specialized regime for the right to a healthy environment would release tensions generated by environmental claims based on the expansive interpretations of the current doctrine of indirect rights-based protection of the environment. The proposed right would further fill in several normative gaps and bring uniformity to standards concerning participatory rights. The article intends to contribute to the ongoing legislative deliberation within the Council of Europe and, indirectly, to the similar process within the United Nations.

Suggested Citation

Kobylarz, Natalia, Anchoring The Right to a Healthy Environment In The European Convention on Human Rights: What Concretized Normative Consequences Can Be Anticipated for The Strasbourg Court In The Field of Admissibility Criteria? (March 23, 2023). Available at SSRN: https://ssrn.com/abstract=4398112 or http://dx.doi.org/10.2139/ssrn.4398112

Natalia Kobylarz (Contact Author)

European Court of Human Rights ( email )

Strasbourg, Alsace region
France
0033390215496 (Phone)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
204
Abstract Views
548
Rank
280,400
PlumX Metrics