Why Recognizing the Right to a Healthy Environment Would Strengthen the Environmental Human Rights Framework under the European Convention on Human Rights
The ECtHR lacks a mandate for general measures aimed at redressing or preventing environmental harm as such. Only the introduction of the environment as the object of human rights protection, through the Right to a Healthy Environment, could trigger the necessary conceptual shift and legitimise the Court and the CoE Committee of Ministers to require member States to take measures such as mitigation of environmental risks and ecological redress.
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Nothing but your own Constitution?
The recent report on Germany by the Council of Europe Commissioner for Human Rights following her visit in late 2023 records an alarming situation regarding social inequality in Germany. The document criticizes Germany for its approach to combat social inequality. Similarly harsh in tone reads the statement by the Federal Government on the Commissioner’s report, claiming the situation not to be as alarming as presented and the German law to have been misinterpreted. What’s it all about?
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