MICH: Environmental Degradation and the Right to Equality

Refia Kadayifci (UCL, Chaire Hoover), « Environmental Degradation and the Right to Equality”

Recent environmental litigation, especially climate cases, the environmental justice literature, and developments both in case law and in the theory of anti-discrimination law inspire us in framing environmental issues as equality issues. I will argue that that the recognition of the right to equality and non-discrimination as a legal tool to combat environmental degradation is an important step in advancing the collective rights of environmentally vulnerable groups. First I will briefly describe the environmental human rights that have been mostly addressed in public litigation so far. To illustrate, I will assess the European Court of Human Rights’ approach to the environmental human rights, e.g. in the case of Kyrtatos v. Greece. Second, I will introduce criticisms in the literature toward the ECtHR’s individualistic approach in the environmental human rights cases. I will also argue that it is essential to emphasize the communitarian notions of justice to combat environmental human rights violations and that an individualistic approach may be ill-suited for this task. Third, I will explain how the right to equality and nondiscrimination may function in this regard. To demonstrate the legal possibility of this approach, I will show that the Court has adopted this approach through recognizing the collective well-being of environmentally vulnerable groups in Moldovan v. Romania ECtHR case.