The right to a healthy environment: the role of treaty-based supervisory mechanisms

Abstract

A healthy environment is necessary for the full enjoyment of human rights. However, if we approach the field of human rights and its link with environmental protection, we have a unique „trident“ made up of its inseparable elements - human rights and fundamental freedoms, health and environmental protection. Considering the connection between human rights and environmental protection, we can unequivocally argue that the treaty-based supervisory mechanisms in the field of environmental protection are relevant to our study and their applicability to the human rights segment. An example in this chapter would be the international legal framework on environmental impact assessment (EIA) in transboundary areas. A remarkable success in codifying the institution of EIA in international law was the adoption of the Convention on Environmental Impact Assessment in Transboundary Areas (Espoo, 25 February 1991). In addition to the importance of the Espoo Convention for the protection of the environment, an „indirect” environmental protection mechanism is also emerging.