@article{2024:omerovi:the_europe,
title = {The European Convention for the Protection of Human Rights and Fundamental Freedoms: A Fertile Ground for the Protection of the Environment?},
year = {2024},
note = {Although the European system for the protection of human rights still
does not explicitly recognize the right to a healthy environment as a
human right, in recent decades, there has been an increasing trend of
using the European Convention for the Protection of Human Rights and
Fundamental Freedoms to solve environmental protection issues. In this
regard, analyzing and applying the standards created by the European
Court of Human Rights in environmental cases is necessary to
strengthen national legislation, to practice, and face growing
environmental challenges. The authors analyze the relationship between
environmental and human rights, arguing the need to establish a
normative link between both to systematically implement the United
Nations Sustainable Development Goals for future generations. The
central part of the paper is dedicated to research, analysis and
assessment of the condition and status of environmental rights that
have developed based on the jurisprudence of the European Court of
Human Rights. The relationship between environmental protection and
human rights as a synergistic conception in general international law
has also found a place in this study, since the European regional
legal system in this regard cannot be adequately explored without
proper perception and understanding of the universal system of the
protection of human rights and the environment, which is conceptually
well reflected in multiple Sustainable Development Goals. In order to
continue finding the most efficient international institutional
protection mechanisms, it is essential to consistently detect and
present the international normative framework that recognizes the
right to a healthy, clean, and sustainable environment as a human
right. Relying on the latter, the authors present and problematize the
issue of recognizing the right to a healthy environment as a human
right in adopting the 2021 United Nations Human Rights Council
Resolution that prescribed the right to a healthy environment as a
human right.},
journal = {ZEuS Zeitschrift für Europarechtliche Studien},
pages = {430--457},
author = {Omerović, Enis and Albakjaji, Mohammed and Zakhour, Georges Philippe and Zilić-Čurić, Lejla},
volume = {27},
number = {3}
}