The Role of Regional and Domestic Courts in Expanding the Transformative Potential of the Right to a Healthy Environment
The recognition of the right to a clean, healthy, and sustainable environment has seen significant progress globally, with courts playing a pivotal role in shaping its application. This paper explores how regional and domestic courts have expanded the transformative potential of this right, enabling it to address contemporary environmental challenges while reinforcing human rights frameworks.
Focusing on landmark decisions from the African and Inter-American systems, such as the SERAC case by the African Commission and the Lhaka Honhat judgment by the Inter-American Court, the analysis highlights how courts have interpreted this right to impose substantive and procedural obligations on states. These rulings have elevated issues such as Indigenous land rights, cultural preservation, and accountability for corporate and state-led environmental harm.
Furthermore, the paper discusses the “greening” of human rights in Europe and the lessons that can be drawn from African and American regional frameworks. It argues that recognizing an autonomous right to a healthy environment under the European Convention on Human Rights (ECHR) would align with global best practices and address mounting environmental crises within the region.
By synthesizing regional experiences, this paper provides insights into the strategies employed by litigants, the role of judicial interpretation in advancing environmental justice, and future innovations needed to strengthen this right globally.
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