Environmental human rights and the protection of the environment through criminal law in the light of recent developments

Abstract

In the history of the right to a safe, clean, healthy and sustainable environment and its recognition, 2021 marked a milestone. To admit a new generation of human rights, in the UN, the Human Rights Council dealt with the matter of human rights and the environment. Considering the resolution 48/13, it can make the progressive legal accepts stronger at international level. Within the Council of Europe framework, an additional protocol to the European Convention on Human Rights concerning the right to a healthy environment was drafted to admit a new generation of human rights, which is an integral part of Recommendation 2211 (2021). Furthermore also in 2021, the European Commission prepared a Proposal for a Directive on the protection of the environment through criminal law and replacing Directive 2008/99/EC. The drafted Directive is a part of the EU new legislative initiatives.