Overview
Sustineri Partners contributed to the publication Human Rights and Environmental Protection in Europe: Case Law from the European Court of Human Rights and Its Implications, developed in partnership with the AIRE Centre.
The guide explores how the European Convention on Human Rights (ECHR) and the growing jurisprudence of the European Court of Human Rights (ECtHR) address environmental harm and climate-related risks through the protection of fundamental human rights.
Through an analysis of landmark judgments and emerging legal standards, the publication demonstrates how environmental protection has become a matter of human rights — shaping the responsibilities of states, regulators, and private actors alike.
Challenge
While the right to a healthy environment has been recognised by the United Nations and incorporated into many national constitutions, the Council of Europe has yet to adopt it explicitly.
This creates a complex landscape for governments and courts in the Western Balkans, where environmental degradation, pollution, and climate risks directly affect communities and economic stability.
The challenge is to interpret and apply existing human rights law to address these environmental harms effectively and ensure accountability for both state and non-state actors.
Approach
The AIRE Centre, in partnership with Sustineri Partners, examined over 20 key cases before the ECtHR — covering issues such as air and noise pollution, industrial activity, natural disasters, and climate change litigation.
The publication provides clear guidance on how Articles 2 (right to life), 8 (right to private and family life), and 1 of Protocol No. 1 (protection of property) of the ECHR can be applied in environmental contexts, and how positive obligations of states are evolving in response to climate change and environmental risk.
Sustineri Partners contributed to the regional perspective and contextualisation of these findings, highlighting the implications for Western Balkans jurisdictions and judicial practice.
Impact
The publication strengthens the understanding of the interdependence between human rights and environmental protection, supporting judges, policymakers, and legal practitioners across Europe and the Western Balkans.
It underscores the growing role of courts in addressing environmental harm through human rights frameworks — and the need for effective domestic implementation, public participation, and access to environmental justice.
Available in English and in Bosnian/Croatian/Montenegrin/Serbian, the guide has become a key reference for integrating environmental protection into the broader rule-of-law and European integration agendas of the region.
