The Constitutional Court of Bosnia and Herzegovina, in cooperation with the AIRE Centre and with the support of the Government of the United Kingdom, hosted a professional seminar entitled “Environmental Protection with a Focus on the Jurisprudence of the European Court of Human Rights.”
The seminar was formally opened by Hasan Mujagić, Acting Registrar of the Constitutional Court of Bosnia and Herzegovina, who underscored the growing importance of environmental protection within the human rights framework. “The right to a healthy environment is increasingly at the forefront of legal discourse, both at the international and domestic levels. Given that the European Court of Human Rights is progressively recognising the interconnection between environmental concerns and human rights through its case law, it is essential that judicial authorities in Bosnia and Herzegovina and the wider region are well-acquainted with relevant judgments and legal standards. The Constitutional Court of Bosnia and Herzegovina remains committed to monitoring legal developments in this area to ensure the effective protection of citizens’ rights,” stated Mujagić.
Azra Bećirović, representative of the AIRE Centre and contributor to the publication Human Rights and Environmental Protection in Europe – A Review of the Case Law of the European Court of Human Rights, highlighted the importance of legal instruments in advancing environmental protection. “This publication provides an overview of key ECtHR rulings concerning environmental protection and serves as a valuable resource for legal professionals, judges, and others engaged in this field. Our discussions here have centred on jurisprudence related to the right to a healthy environment and the obligation of states to ensure the effective enforcement of environmental laws,” said Bećirović.
Judge Mirjana Lazarova Trajkovska of the Supreme Court of the Republic of North Macedonia and former Judge of the European Court of Human Rights spoke about the ECtHR’s role in environmental protection. “Environmental protection is increasingly recognised as a matter of public interest. Although the Convention does not contain a specific provision designed to afford general protection of the environment, states bear a responsibility to intervene in a timely manner to ensure that environmental laws are not rendered ineffective. Furthermore, Protocol No. 15 to the Convention has recently enshrined the principle of subsidiarity in the Preamble, affirming a shared responsibility between member states and the Court in safeguarding human rights,” Judge Lazarova Trajkovska explained.
She further stressed that “national authorities and courts are required to interpret and apply domestic law in a manner that ensures the full realisation of the rights and freedoms enshrined in the Convention and its Protocols. Accordingly, states have a positive obligation to protect the environment, which is why familiarity with the ECtHR’s jurisprudence is indispensable—for both judges and citizens alike.”
Ivana Stjelja, legal scholar and research fellow at the Institute of Social Sciences in Belgrade, addressed the right to a healthy environment within both international and domestic legal frameworks, as well as the importance of public participation in environmental decision-making processes.
“Everyone has the right to a healthy environment, but each of us also has a duty to safeguard it. Yet those advocating for environmental protection frequently encounter obstacles—whether due to competing economic interests, legal frameworks that fail to ensure meaningful public participation, or inconsistent enforcement of environmental laws. A healthy environment is a precondition for the enjoyment of many human rights. At the same time, the realisation of certain rights—particularly the rights to access to information, public participation in decision-making, and access to justice—is vital to the effective protection of the environment,” said Stjelja.
“Although the right to a healthy environment is not explicitly guaranteed in most international human rights instruments, the jurisprudence of the ECtHR has played a pivotal role in its recognition and development within the human rights framework. Additionally, the adoption of the UN General Assembly Resolution in July 2022, which declared the right to a safe, clean, healthy and sustainable environment a universal human right, marks a significant milestone in this respect,” she concluded.
Martina Raguž, Project Manager at the AIRE Centre, emphasised the particular importance of the initiative having come from the Constitutional Court of Bosnia and Herzegovina itself. “Given the topicality of the subject matter, the Court decided to engage with it in greater depth. Today’s discussions focused on environmental protection standards, their relevance to citizens’ lives, and the Constitutional Court’s role in this context. Initiatives like this are essential for raising awareness and improving legal practice in this area,” Raguž stated.
The aim of the Constitutional Court of Bosnia and Herzegovina, through this and similar seminars, is to facilitate the direct exchange of experience between constitutional courts—especially among legal professionals actively involved in preparing decisions on constitutional appeals. This includes daily engagement with and analysis of the jurisprudence of the European Court of Human Rights, as well as of constitutional and ordinary courts across the region, Europe, and beyond.
