Balancing its way out of strong anthropocentrism: integration of ‘ecological minimum standards’ in the European Court of Human Rights’ ‘fair balance’ review

Abstract

This article argues that the Strasbourg system of environmental human rights can and ought to transition to the regime of ecological human rights. It proposes that, independently of the possible recognition of the autonomous right to a healthy environment, such transition can be achieved by integrating ecological minimum standards into the European Court of Human Rights’ ‘fair balance’ review. These ecological minimum standards are a set of notions that express the legal paradigms of immersive anthropocentrism and ecocentrism; that give due consideration to climate and biodiversity crises; and that include the concepts of sustainable development and sustainable use of natural resources, as well as the principles of intergenerational equity, precaution and in dubio pro natura. A comparative law methodology is employed to illustrate the effective judicial integration of such standards by fundamental and human rights jurisdictions in Latin America.