Climate change and environmental protection as a human right: Case law of the European Court of Human Rights

The primary role in providing relevant legal protection of the environment and climate lies with national judicial systems, while the European Court of Human Rights has a subsidiary role and intervenes only in cases involving violations of other human rights. The European Convention on Human Rights and its Additional Protocols do not explicitly guarantee the right to a healthy environment as such; however, they do protect the interest in preserving the environment and climate by safeguarding other human rights. In practice, violations in this field are most often addressed through breaches of the right to life in a healthy environment, the right to respect for private and family life, the right to property, and the right to access information. States are obliged to respect, protect, promote, and fulfill all human rights for all individuals, including an affirmative duty to prevent foreseeable harm, including that caused by climate change. Climate change litigation has evolved over time, creating a need for judges and other participants in such proceedings to become aware of the consequences of climate change, as well as the impact their decisions may have in such cases. In addition to the growing importance of climate and environmental disputes before national courts and international bodies, such as the European Court of Human Rights and the Court of Justice of the European Union, numerous cases have garnered wider international attention. These cases have sought answers regarding how climate change impacts fundamental human rights and, in turn, have inspired similar legal actions worldwide. Over time, the development of international environmental law has led to the establishment of key principles that define the nature of this legal field and its institutions. These include the precautionary principle, the principle of preventive action, the "polluter pays" principle (also known as PPP), the principle of sustainable development, the principle of intergenerational equity, and the duty to cooperate. The undeniable importance of environmental law has been recognized at the international level. Although the right to a healthy environment is not explicitly designated as a human right under the European Convention on Human Rights or its protocols, its significance is acknowledged through the rise of environmental and climate-related litigation, as well as the expanding body of case law surrounding them.