Haguar Mourad is a communications officer at YEL, she holds a bachelor’s degree in political science and is currently pursuing a MA in cultural diplomacy and international cooperation. She has an extensive background in climate justice advocacy and has written other opinion pieces about ecofeminism and the displacement of climate-induced refugees in the Global South.
As we all may know, the climate crisis is objectively recognized on a global scale as an impending threat to our ecosystem and collective well-being. Many initiatives, whether they are scientific like the IPCC annual assessment or summits that are launched by the international community such as COPs, showcase the prevalence that climate change has in political discourses around the world.
This paramount rise of awareness and urgency to take climate action was first incentivized by environmental movements as well as NGOs, which eventually led to States and International Institutions realizing the adverse impacts of global warming on economies and individuals. Consequently, a number of policies and bills have been passed in many countries in order to curtail the repercussions of this crisis through mitigation and adaptation processes. Nevertheless, climate advocates believe that climate change cannot be eradicated unless EU bodies and International Institutions officially recognize the right to a healthy and sustainable environment as an irrevocable principle within their legal frameworks.
As a matter of fact, this right has been recognized by the United Nations, which marks a significant milestone towards highlighting the intersection between Human Rights and climate change. However, current efforts are now shifting towards achieving this recognition by the Council of Europe, which englobes around 46 countries.
To better navigate this topic, firstly we will be defining what the Right to a Healthy Environment is, then we will be discussing why it is vitally important to ensure this right.
What is the Right to a Healthy Environment?
Although it is hard to describe what the Right to a Healthy Environment is in all-encompassing definition as it entails a variety of components, the substantive elements of a healthy environment include clean air, a safe and stable climate, access to safe water and adequate sanitation according to the United Nations Development Programme. It also incorporates healthy and sustainably produced food, non-toxic environments in which individuals can live, work, study and play. Healthy biodiversity and ecosystems are also crucial elements in a healthy environment. Therefore, the Right to a Healthy Environment is an entitlement for current and future generations to an environment that has those advantages.
Why should this right be ensured?
The existence of legal instruments is essential to ensuring Human Rights. In spite of the fact that the Right to a Healthy Environment can be inferred from the European Convention on Human Rights and the European Social Charter, an official recognition by the Council of Europe would be an immense milestone as it has already been recognized in 150 national jurisdictions around the globe. The regional and international recognition of the universal Right to a Healthy Environment would facilitate the way for a stronger implementation of it, given the legally-binding framework that States and Institutions should comply with. As a matter of fact, the Stockholm Declaration in 1972 was what paved the way for the recognition of this right. During the conference, the climate crisis was placed at the forefront of international concerns as well as the correlation between a low-quality environment and the jeopardized dignity and well-being of people. As a result, the Right to a Healthy Environment was recognized in many charters such as the African Charter on Human and Peoples’ Rights, the Arab Charter of Human Rights and the Protocol of San Salvador to the American Convention on Human Rights. However, it is more or less explicitly addressed in the Aarhus Convention.
Additionally, according to Article 37 of the Charter of Fundamental Rights of the European Union, a high level of environmental protection must be integrated in EU policies. However, an individual right to a healthy environment is not formally recognized.
Nevertheless, it is imperative to note that this right is already guaranteed in 42 countries out of the 46 Council of Europe Member States, its collective recognition will then lead to a unified approach in regards to it and thereby the Council of Europe will be able to take significant regional decisions to actively protect it.
The Bottom Line
The inalienable Right to a Healthy Environment is not a complex notion to grasp, it is a basic Human Right that should be enshrined in national constitutions and international charters. As youth workers all across Europe, we must push for it to be recognized on national and international levels so it can be efficiently implemented. Now that you’ve read this article, you might be asking yourself, does my country recognize this right? Are there any constitutional articles that refer to it? If you’ve started reevaluating the place that this right holds in your country then congratulations, awareness and recalibration are key-elements to becoming part of the long-awaited change!
Some recommendations to gain more insight
Recommendation CM/Rec(2022)20 of the Committee of Ministers to member States of the Council of Europe on Human Rights and the Protection of the Environment
Our Right to a Healthy Environment | Jamie Simpson | TEDxDalhousieU