The notion that human beings have a right to a healthy environment is far more controversial in Europe than it ought to be. Fundamental human rights, those recognized in the European Convention for the Protection of Human Rights and Fundamental Freedoms (European Convention or Convention)1 as well as in other leading international texts on human rights, have long protected the essence of the right to a healthy environment. Nevertheless, resistance to acknowledging a fundamental human right to a healthy environment remains strong. This Article will show that the emerging concept of a human right to a healthy environment fits within the established European comprehension of human rights and should be incorporated into the European Convention.
Furthermore, this Article will demonstrate that traditional notions of humans rights embrace a right to a healthy environment and that such a right is justiciable.