Balancing its way out of strong anthropocentrism: integration of ecological minimum standards' in the European Court of Human Rights' fair balance' review
January 1, 2022 - Kobylarz, Natalia
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EmailJournal or Book Title: JOURNAL OF HUMAN RIGHTS AND THE ENVIRONMENT
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, indepen-dently 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.
Type of Publication: Review