Reports
The Right to a Clean and Healthy Environment in the European Human Rights System: The Impact of the Russia-Ukraine War (Part II)
- Europe Team
- 19 September 2025
The ongoing international armed conflict between Ukraine and Russia and its effects on the environment and people show how important it is for the international community to recognise the right to a healthy environment. During the armed conflict, whether intentionally or accidentally, the environment gets damaged, and people living in those environments have to either leave their homes or live in an unhealthy and unsafe environment, which also damages their health and well-being.
The first part of this report discusses the European human rights system and its approach to the right to a clean and healthy environment. In the first part, the authors discuss the history of environmental protection under the ECHR, relevant articles, and case law from the ECtHR, where the Court has found violations under Article 2 (the right to life) when human life was under direct threat and under Article 8 (the right to respect for private and family life) when pollution and other environmental disturbances affected individuals’ well-being and home life. The first part of the report also talks about the global and comparative perspectives.
The first part concludes that there is a need to recognise the right to a healthy environment as a distinct human right, so the ECtHR has the legal clarity to issue binding judgments that can actually cause state compliance. Also, by recognising this right, the understanding of what it means to live a life of dignity and freedom can change. The first part gives some crucial insights on the right to a healthy environment in international and national legal systems beyond Europe.
The second part of the report will initially focus on the war in Ukraine and its impact on the environment, specifically examining how air, water, and land pollution harm biodiversity. Moreover, it is interesting to delve deeper into human rights in an ecologically collapsing environment, and the legal gaps, more specifically, the lack of accountability mechanisms. Finally, the report also suggests policy recommendations, how to strengthen the existing legal mechanisms, what role civil society can play in this regard, and what the necessary steps are towards the codification of the right to a healthy and safe environment.
The first part of this report discusses the European human rights system and its approach to the right to a clean and healthy environment. In the first part, the authors discuss the history of environmental protection under the ECHR, relevant articles, and case law from the ECtHR, where the Court has found violations under Article 2 (the right to life) when human life was under direct threat and under Article 8 (the right to respect for private and family life) when pollution and other environmental disturbances affected individuals’ well-being and home life. The first part of the report also talks about the global and comparative perspectives.
The first part concludes that there is a need to recognise the right to a healthy environment as a distinct human right, so the ECtHR has the legal clarity to issue binding judgments that can actually cause state compliance. Also, by recognising this right, the understanding of what it means to live a life of dignity and freedom can change. The first part gives some crucial insights on the right to a healthy environment in international and national legal systems beyond Europe.
The second part of the report will initially focus on the war in Ukraine and its impact on the environment, specifically examining how air, water, and land pollution harm biodiversity. Moreover, it is interesting to delve deeper into human rights in an ecologically collapsing environment, and the legal gaps, more specifically, the lack of accountability mechanisms. Finally, the report also suggests policy recommendations, how to strengthen the existing legal mechanisms, what role civil society can play in this regard, and what the necessary steps are towards the codification of the right to a healthy and safe environment.
✨ AI summary
The ongoing international armed conflict between Ukraine and Russia and its effects on the environment and people show how important it is for the international community to recognise the right to a healthy environment. During the armed conflict, whether intentionally or accidentally, the environment gets damaged, and people living in those environments have to either leave their homes or live in an unhealthy and unsafe environment, which also damages their health and well-being.
The first part of this report discusses the European human rights system and its approach to the right to a clean and healthy environment. In the first part, the authors discuss the history of environmental protection under the ECHR, relevant articles, and case law from the ECtHR, where the Court has found violations under Article 2 (the right to life) when human life was under direct threat and under Article 8 (the right to respect for private and family life) when pollution and other environmental disturbances affected individuals’ well-being and home life. The first part of the report also talks about the global and comparative perspectives.
The first part concludes that there is a need to recognise the right to a healthy environment as a distinct human right, so the ECtHR has the legal clarity to issue binding judgments that can actually cause state compliance. Also, by recognising this right, the understanding of what it means to live a life of dignity and freedom can change. The first part gives some crucial insights on the right to a healthy environment in international and national legal systems beyond Europe.
The second part of the report will initially focus on the war in Ukraine and its impact on the environment, specifically examining how air, water, and land pollution harm biodiversity. Moreover, it is interesting to delve deeper into human rights in an ecologically collapsing environment, and the legal gaps, more specifically, the lack of accountability mechanisms. Finally, the report also suggests policy recommendations, how to strengthen the existing legal mechanisms, what role civil society can play in this regard, and what the necessary steps are towards the codification of the right to a healthy and safe environment.
The first part of this report discusses the European human rights system and its approach to the right to a clean and healthy environment. In the first part, the authors discuss the history of environmental protection under the ECHR, relevant articles, and case law from the ECtHR, where the Court has found violations under Article 2 (the right to life) when human life was under direct threat and under Article 8 (the right to respect for private and family life) when pollution and other environmental disturbances affected individuals’ well-being and home life. The first part of the report also talks about the global and comparative perspectives.
The first part concludes that there is a need to recognise the right to a healthy environment as a distinct human right, so the ECtHR has the legal clarity to issue binding judgments that can actually cause state compliance. Also, by recognising this right, the understanding of what it means to live a life of dignity and freedom can change. The first part gives some crucial insights on the right to a healthy environment in international and national legal systems beyond Europe.
The second part of the report will initially focus on the war in Ukraine and its impact on the environment, specifically examining how air, water, and land pollution harm biodiversity. Moreover, it is interesting to delve deeper into human rights in an ecologically collapsing environment, and the legal gaps, more specifically, the lack of accountability mechanisms. Finally, the report also suggests policy recommendations, how to strengthen the existing legal mechanisms, what role civil society can play in this regard, and what the necessary steps are towards the codification of the right to a healthy and safe environment.
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