THE ENVIRONMENT AS A HUMAN RIGHT AND ITS RELEVANCE FOR CRIMINAL LAW

AN ANALYSIS ON THE BASIS OF THE MOST RECENT ECHR CASE LAW

Abstract

This paper addresses the critical inquiry regarding the intersection of human rights and environmental protection, specifically examining whether the environment can be classified as a human right. The exploration of this question paves the way for a closely related inquiry into the implications of recognizing the environment as a human right within the context of criminal law, particularly in Euro-continental legal systems that prioritize the protection of legal goods. The significance of this discussion lies in the obligations that States may hold in safeguarding the environment and the mechanisms by which such protection is enacted. It is essential to identify the existence and scope of these obligations to assess the efficacy of parties in fulfilling their responsibilities, as well as to evaluate the adequacy of environmental criminal law in addressing severe violations. By understanding these obligations, we can better appreciate how legal frameworks can adapt to ensure the protection of both human rights and the environment. The foundation of this analysis is situated within the jurisprudence of the European Court of Human Rights (ECHR), with particular attention to the rulings in Klimaseniorinnen e. V. v. Switzerland and Cannavacciuolo and Others v. Italy. These landmark cases illustrate the evolving interpretation of human rights in the context of environmental degradation and serve as pivotal references for the proposed study. This research will emphasize case law while engaging with relevant legal literature to provide comprehensive commentary and facilitate a deeper understanding of the relationship between environmental issues and human rights. The initial hypothesis posits that the environment, as a shared good among humanity, cannot be directly classified as a human right. However, it is evident that specific human rights are intrinsically linked to environmental conditions, such as the right to life, health, and a sustainable environment. An inadequate protection of the environment not only jeopardizes these fundamental rights but also exacerbates existing inequalities, particularly affecting marginalized communities that are disproportionately impacted by environmental harm. In this context, criminal law is positioned to offer a "scalable" framework for environmental protection. The most egregious offenses should be categorized as crimes, incurring penalties such as imprisonment and fines, alongside the potential for restorative justice and reparative measures. Furthermore, in alignment with preventive and precautionary principles, it is vital to penalize actions that, while not immediately or significantly harmful to the environment, pose a risk to its integrity. Conduct that merely suggests the initiation of harmful activities may be sanctioned as regulatory offenses, thereby establishing a proactive approach to environmental protection. Ultimately, this research aims to substantiate the classification of the environment as an "object closely related to human rights" and to propose a general methodology for "scalable" environmental protection through the lens of criminal law. In conclusion, the paper endeavors to provide insights that will enhance the understanding of environmental law's role in safeguarding human rights, advocating for a more integrated approach that ensures accountability and fosters a sustainable future for all.