Anyone who went on holiday to Southern Europe this summer or simply opened the newspaper at home could not escape the news of wildfires, floods, heatwaves, and storms dominating the headlines. Over the past months, the consequences of climate change have painfully become visible on the global stage. The multidimensional effects of climate change also impact human health. “It is time for the legislator to take the right to a healthy environment seriously”, argues Andre den Exter, Associate Professor of Health Law at Erasmus School of Law, in Trouw.
While global warming primarily affects vulnerable people, the record temperatures of last summer led to dehydration, exhaustion, and heat strokes for everyone. Furthermore, wildfires worldwide put the well-being of humans, nature, and animals under pressure. According to Den Exter, the current health risks are sufficient for the European Court of Human Rights to raise the alarm.
Enforcement of the right to a healthy environment
In 2022, the United Nations recognised the right to a clean, healthy, and sustainable environment as a human right, marking an important milestone on a global scale. The Council of Europe calls on member states to incorporate this right into their national legislation. Currently, several cases are pending at the European Court of Human Rights in Strasbourg that call for judgments on obligations of individual member states to limit and counteract climate change. “However, this touches on national climate policy goals, and because legislators are responsible for that, the judiciary should exercise restraint”, explains Den Exter.
Explicit foundation at the European level
According to Den Exter, it is time for the European Court of Human Rights to act. Although various recent climate disasters have highlighted the urgency of climate change and its impact on the health of vulnerable people, according to Den Exter, citizens of the world still struggle to take action: “The current law simply provides citizens with insufficient guidance to enforce the right to a healthy environment at the Human Rights Court.” He argues that the right to a healthy environment thus requires “an explicit foundation at the European level.”
In 2021, the Parliamentary Assembly of the Council of Europe took a first step towards establishing this foundation with a proposal for an additional treaty that elaborates on the duty of care for a healthy environment, particularly concerning preventive and protective measures (for example, against heat). It also compels governments to inform citizens about actions to be taken. “Naturally, this includes incorporating effective remedies to guarantee this fundamental human right. This gives citizens more guidance in realising the right to a clean environment. So, we are waiting for approval from the Council of Europe, but time is running out”, states Den Exter.
- Associate professor