Council of Europe

It is perhaps not surprising that the European Convention on Human Rights (ECHR) does not explicitly mention the environment: the Convention was adopted in 1950, when few people were aware of the problems associated with environmental breakdown. The ECHR makes many references to ‘the economic well-being of the country’, but not to its ecological well-being. Similarly, the ECHR acknowledges the importance of ‘the protection of health’, but does not explicitly recognise the importance of a healthy environment in sustaining a healthy population. Despite the absence of a specific mention, there is now substantial case law from the European Court of Human Rights which recognises the connection between human rights and the environment. For example, human rights violations have been found in cases involving health risk as a result of pollution, and failure to plan for or anticipate the consequences of industrial or natural accidents, such as a methane explosion at a rubbish tip.⁵

By recognising its key role in mainstreaming the environmental dimension into human rights and pursuing a rights-based approach to environmental protection, the Council of Europe adopted unique legal instruments providing a solid basis for action in Europe and beyond. The Bern Convention
is a binding international agreement in the field of nature conservation, covering most of the natural heritage of the European continent. It is the only regional convention of its kind worldwide, and aims to conserve wild flora and fauna and their natural habitats, as well as to promote European
co-operation in this field. The treaty also takes account of the impact that other policies may have on natural heritage, and recognises the intrinsic value of wild flora and fauna, which needs to be preserved and passed to future generations.

The Council of Europe is also working to support its member states in responding to environmental crimes such as illegal traffic, shipment or dumping of waste, illegal production of dangerous materials, illegal trade in ozone-depleting substances and illegal trade in wildlife. To this end, it co-ordinates
national policies in order to strengthen international judicial co-operation, including amongst law enforcement agencies.

United Nations

As with the European Convention, early human rights instruments, such as the Universal Declaration of Human Rights and the two Covenants, precede general awareness of the importance of the environment and consequently make no reference to it. However, the 1989 Convention on the Rights of
the Child does make specific reference to the environment in Article 24.c in the context of the child’s right to health, urging governments

To combat disease and malnutrition, including within the framework of primary health care, through, inter alia, the application of readily available technology and through the provision of adequate nutritious foods and clean drinking water, taking into consideration the dangers and
risks of environmental pollution[...] 

Furthermore, Article 24 urges environmental education for parents and children as a part of general health education. Article 29 includes it among the goals of a quality education to which every child has a right (the development of respect for the natural environment).

The gradual recognition of the right to a healthy environment illustrates how the human rights framework is evolving, with new rights being recognised, defined and ultimately codified in human rights instruments. This can be a long and contentious process, involving building consensus, consultation
with governments, intergovernmental organisations and non-governmental organisations. 

It is important to mention the three Rio Conventions – on Biodiversity, Climate Change and Desertification – that derive directly from the 1992 Earth Summit. Each instrument represents a way of contributing to the Sustainable Development Goals of Agenda 21. The three conventions are intrinsically linked, operating in the same ecosystems and addressing interdependent issues. 

Convention on Biological Diversity

The objectives of the CBD are the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising from commercial and other utilisation of genetic resources. The agreement covers all ecosystems, species, and genetic resources.

United Nations Convention to Combat Desertification

The UNCCD aims to combat desertification and mitigate the effects of drought in countries experiencing serious drought and/or desertification, particularly in Africa, through effective actions at all levels, supported by international co-operation and partnership arrangements, within the framework
of an integrated approach which is consistent with Agenda 21, with a view to contributing to the achievements of sustainable development in affected areas.

United Nations Framework Convention on Climate Change 

The UNFCCC sets an overall framework for intergovernmental efforts to tackle the challenge posed by climate change. Its objectives are to stabilise greenhouse-gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, within
a time-frame sufficient for the following:

• to allow ecosystems to adapt naturally to climate change; to ensure that food production is not threatened;
• to enable economic development to proceed in a sustainable manner.

In 2015, the State Parties to UNFCCC adopted the Paris Agreement in order to further strengthen the global response to the threat of climate change by keeping a global temperature rise in the 21st century well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase
even further to 1.5°C. All states submitted comprehensive national climate action plans (so-called ‘nationally determined contributions’, NDCs) and they regularly report on its implementation to each other and to the public. Additionally, the agreement aims to strengthen the ability of countries to deal with the impacts of climate change and provide support for developing countries in line with their own national objectives.

The Conferences of the Parties (COP) to each Rio Convention, convened on a regular basis, have underlined through numerous articles and decisions the need for enhanced collaboration among the conventions, in order to enhance synergy and reduce duplication of activities. In August 2001, the Conventions established a Joint Liaison Group as an informal forum for exchanging information, exploring opportunities for synergistic activities and increasing co-ordination. Options for collaboration have been explored in several meetings and documents, and a number of collaborative activities are already underway.
Children already participated in the first United Nations Conference on Environment and Development (Earth Summit) held in Rio de Janeiro, Brazil, in 1992. Representing the voice of children, 12-year-old Severn Suzuki silenced world leaders with her speech demanding them to make their actions reflect their words. Since then, children have been involved in many similar global events that proved to be good occasions for advocating for children’s rights and environmental justice. Recently, thanks to the #FridaysForFuture Movement, child environmental activists have been invited to participate in these meetings in their own right.

⁵ Factsheet ‘Environment and the European Convention on Human Rights’, European Court of Human Rights, March 2020