On June 4, 2024, around 400 environmental advocates and policymakers convened in Strasbourg, France, for the inaugural European Forum on Environmental Human Rights Defenders. Among them was Karin Kvarfordt Niia, a Sami reindeer herder from northern Sweden, who described how mining projects have encroached on her community’s ancestral lands. “Defenders who raise their voices are portrayed as obstacles,” she said, highlighting the tension between environmental protection and industrial expansion in the region.
The forum centered on the absence of a binding regional framework to protect the right to a clean, healthy, and sustainable environment. Unlike the African Union’s 1981 Charter and the Inter-American System’s 1994 jurisprudence, the European Convention on Human Rights (ECHR) and the European Social Charter do not explicitly recognize this right. This omission, activists argue, leaves environmental defenders vulnerable to legal and political marginalization.
During the event, European Parliamentarians and civil society representatives emphasized that the lack of a dedicated treaty enables states and corporations to dismiss climate activism as “unfounded disruption.” Without explicit legal grounding, defenders face heightened risks of intimidation, legal challenges, and restricted access to remedies. The European Court of Human Rights (ECtHR), the region’s primary judicial body, has historically ruled on environmental issues only in indirect ways, such as through the right to life or private life. Advocates contend that a standalone instrument would provide a clearer pathway for holding governments and corporations accountable.
The call for a new treaty aligns with recent global developments. In April 2024, the United Nations General Assembly adopted a resolution welcoming the International Court of Justice’s (ICJ) advisory opinion on climate change, which affirmed that the right to a healthy environment is a prerequisite for the enjoyment of other human rights. This followed the UN’s 2022 resolution recognizing the right as universal. “The momentum is undeniable,” said a representative from the Council of Europe’s Parliamentary Assembly, which has initiated a process to draft a regional instrument.
Despite this progress, Europe’s environmental defenders operate under a patchwork of national laws and international agreements. For instance, Germany’s 2019 Climate Protection Act enshrines the right to a healthy environment in its constitution, while other countries lack similar provisions. This inconsistency creates legal loopholes that opponents of environmental projects exploit, according to Lena Kolarski, a policy analyst with the European Environmental Bureau.
The forum also addressed the increasing criminalization of activists. In 2023, at least 15 environmental defenders in Europe faced legal action for protests against fossil fuel infrastructure, according to a report by the NGO Front Line. “When the law doesn’t protect us, it becomes a tool of repression,” said Kolarski. She pointed to the case of a Greek activist jailed for blocking a highway expansion, citing the absence of clear legal standards to differentiate legitimate protest from unlawful obstruction.
As the Council of Europe prepares to deliberate on the proposed instrument, its 46 member states face a critical decision. The Parliamentary Assembly’s draft, expected to be finalized by late 2024, would require unanimous approval from member states—a hurdle given divergent national interests. Meanwhile, the European Commission has signaled support for the initiative, though it has not committed to a timeline.
