UN Experts Call for Europe-Wide Right to Healthy Environment in New Protocol

A group of United Nations human rights experts has issued a compelling call to the Ministers of the Council of Europe, urging them to begin formal negotiations on an additional binding Protocol to the European Convention on Human Rights (ECHR) that would enshrine the right to a clean, healthy, and sustainable environment. This right, they say, is not just symbolic but essential to the protection of both people and the planet amid escalating environmental crises.

Legal Recognition a “Key Milestone”

In their public statement, the experts described the proposed protocol as a "key milestone" in the legal protection of human rights in the face of environmental degradation. They reminded leaders of a formal letter they sent in November 2024 advocating for the same cause. That letter underscored that this move would align with growing public demands, legislative efforts from the European Parliament, and the support of hundreds of organizations, researchers, and affected communities across the continent.

Despite overwhelming public support and mounting scientific warnings, the proposal for a new protocol has lingered without action for decades. But the experts assert that the momentum has shifted. “Today, both scientific consensus and legal developments at all levels clearly demonstrate the need and feasibility of such a Protocol,” they said.

A Response to the Triple Planetary Crisis

The call comes at a time when humanity faces what UN Secretary-General António Guterres has labeled the “triple planetary crisis”: climate change, biodiversity loss, and toxic pollution. These interlinked threats are made worse by longstanding global injustices and systemic inequalities, leaving the most vulnerable populations at heightened risk.

The experts argued that formalizing the right to a healthy environment in a regional human rights instrument would have transformative implications. Not only would it strengthen legal accountability mechanisms, but it would also create direct benefits for public health, environmental justice, and sustainable development.

Growing Support in Europe

Currently, 28 of the 46 Council of Europe member states already recognize the right to a healthy environment in their legal frameworks. Furthermore, every European country voted in favor of two landmark UN resolutions—A/HRC/RES/48/13 and A/RES/76/300—which formally recognized the right at the global level. These unanimous votes demonstrate a clear international and regional consensus that this right is fundamental and actionable.

According to the experts, the recognition of environmental rights in a legally binding protocol would help level the playing field across Europe. It would reduce disparities between member states, enhance regional cooperation, and provide legal clarity in addressing cross-border environmental damage. This is particularly critical in an age of increasing corporate influence over environmental decision-making and access to justice.

Empowering Judges and Governments

An additional protocol would offer the European Court of Human Rights and national authorities stronger legal tools to adjudicate environmental cases. This is not a theoretical benefit—the European Court has already dealt with several cases where environmental harms intersect with human rights, often working with limited legal precedents or ambiguous authority in this area.

The experts emphasized that a binding recognition of this right would bolster “environmental democracy.” It would ensure better integration of public participation, transparency, and access to justice in environmental governance. These principles are essential for both effective environmental protection and democratic legitimacy.

A Legacy for Future Generations

The appeal from the UN experts carried a strong intergenerational message. They stressed that this is not just a legal or political issue—it is a moral imperative. Children and youth, who are disproportionately affected by environmental degradation and climate instability, would benefit directly from stronger environmental rights protections.

“Recognising the right to a healthy environment would strengthen democracies, and be a transformative step to safeguard the lives, health, livelihoods, cultures, and dignity of current and future generations,” they said.

The Time to Act is Now

With mounting scientific evidence, legal momentum, and public demand, the experts urged European leaders to seize this historic opportunity. They called on the Council of Europe to act with "principled leadership" and reaffirm its commitment to human rights in a changing world.

The experts concluded: “Europe must seize this moment to demonstrate principled leadership, reaffirm its commitment to human rights and the environment, and respond decisively to the demands of people, science, and justice.”