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The Right to a Clean and Healthy Environment in the European Human Rights System: The Impact of the Russia-Ukraine War (Part III)

The ongoing war between Russia and Ukraine has shown how damaging contemporary warfare can be, especially to the environment. It has also shown the need to recognise the right to a healthy environment, and the need to strengthen the protection of this right within the International and European human rights systems.

This report is divided into three parts. The first part of the report discussed the European human rights system and its approach to the right to a clean and healthy environment. The first part of the report also discusses the history of environmental protection under the ECHR, and relevant case law from the ECtHR, where the court stated that pollution and other environmental disturbances affected individuals’ well-being and violated their basic human rights. The report also shows the reader global and comparative perspectives and explains how other countries and their legal systems address this issue. The first part of the report concludes that there is a growing need to recognise the right to a healthy environment as a distinct human right.

The main topic of this report and each part of it is the ongoing war between Russia and Ukraine, therefore, the second part of the report is fully dedicated to this war and its impact on the environment, specifically, how air, water, and land pollution harm biodiversity and human well-being. The second part of the report delves deeper into the legal gaps and the lack of accountability, as Russia’s withdrawal from the Council of Europe and the European Court of Human Rights make it impossible for Ukrainian people and victims of this war to seek justice and hold the aggressor state accountable. The third and last part of this report aims to dig deeper into the gaps and challenges in the international system for environmental protection during armed conflict which is also based on the war between Russia and Ukraine. Lastly, this part of the report will also suggest the policy recommendations about how to strengthen the existing mechanisms and what are the necessary steps towards the codification of the right to a healthy and safe environment.

✨ AI summary

The ongoing war between Russia and Ukraine has shown how damaging contemporary warfare can be, especially to the environment. It has also shown the need to recognise the right to a healthy environment, and the need to strengthen the protection of this right within the International and European human rights systems.

This report is divided into three parts. The first part of the report discussed the European human rights system and its approach to the right to a clean and healthy environment. The first part of the report also discusses the history of environmental protection under the ECHR, and relevant case law from the ECtHR, where the court stated that pollution and other environmental disturbances affected individuals’ well-being and violated their basic human rights. The report also shows the reader global and comparative perspectives and explains how other countries and their legal systems address this issue. The first part of the report concludes that there is a growing need to recognise the right to a healthy environment as a distinct human right.

The main topic of this report and each part of it is the ongoing war between Russia and Ukraine, therefore, the second part of the report is fully dedicated to this war and its impact on the environment, specifically, how air, water, and land pollution harm biodiversity and human well-being. The second part of the report delves deeper into the legal gaps and the lack of accountability, as Russia’s withdrawal from the Council of Europe and the European Court of Human Rights make it impossible for Ukrainian people and victims of this war to seek justice and hold the aggressor state accountable. The third and last part of this report aims to dig deeper into the gaps and challenges in the international system for environmental protection during armed conflict which is also based on the war between Russia and Ukraine. Lastly, this part of the report will also suggest the policy recommendations about how to strengthen the existing mechanisms and what are the necessary steps towards the codification of the right to a healthy and safe environment.

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