Ireland has been engaging with and following closely the work of the Council of Europe as its Steering Committee for Human Rights (CDDH) considers the potential creation of additional instruments protecting the Right to a Clean, Healthy and Sustainable Environment. While an additional Protocol to the European Convention on Human Rights has been the focus of stakeholder discussions on the subject, all options remain open to the Member States including options that would be legally binding, non-legally binding or taking no action.
While Ireland is represented by the Department of Foreign Affairs and Trade on the CDDH, my Department has responsibility for the policy area concerned and is currently analysing all the various options identified by the Council of Europe in its work.
Ireland has previously recognised the Right to a Clean, Healthy and Sustainable Environment at a political level, along with many other States, including through Resolution 48/13 of the United Nations Human Rights Council in October 2021, and also by Resolution 76/300 of the United Nations General Assembly in July 2022.
The precise impact of any new instrument and its operation, including access to the courts, will be dependent on the type and precise form of any instrument. As such it would be premature to comment on what this will ultimately look like.