That is the Wholesome Setting Message by 2023 Presidential Elections runner Achilleas Demetriades:
“I imagine the time is ripe for enshrining the best to a wholesome surroundings as a constitutional proper. This might be a brand new proper, associated to the realities of 21st century residing, within the effort to fight the local weather change disaster. That is already a high precedence inside the EU and cuts throughout all of the insurance policies being pursued by the member states.
This constitutional safeguarding of the human proper for the wholesome surroundings will successfully classify the surroundings as a basic proper. It’s also, in my view our obligation in the direction of our youngsters as we owe them a “ Inexperienced United Cyprus”.
This new proper may be secured by means of a constitutional change. That is my conclusion based mostly on what was mentioned on the Authorized convention for the Human Rights Day on 10th December 2021. This convention was co-organized by the Home of Representatives, the Cyprus Bar Affiliation and the Council of Europe.
Through the first a part of the convention, there was a presentation of the best to a wholesome surroundings by two judges of the European Courtroom of Human Rights (“ECtHR”) in addition to two teachers. An in depth dialogue adopted on the premise of the shows. There isn’t any particular safety to the surroundings both within the Cyprus Structure or the European Conference on Human Rights (“Conference”).
Usually, such safety is safeguarded within the Conference in an oblique means. Both by means of the Proper to Life (Article 2), or the Proper to a house and personal life (Article 8), and even within the Proper to peaceable enjoyment of posessions (Article 1 of the First Protocol).
From the audio system’ evaluation, I’ve confirmed the clear intention of the ECtHR for environmental motion. To realize this environmental safety by means of the Conference, a dynamic and inventive interpretation of identical is required. The circumstances, subsequently, are ripe for the safety of the surroundings as a stand-alone proper.
The Parliamentary Meeting of the Council of Europe in Strasbourg on the 29th September 2021, has already handed a decision for the modification of the Conference and the addition of a brand new Protocol for the safety of the surroundings as a separate proper guaranteeing entry to a secure, clear, wholesome and sustainable surroundings.
An analogous line has been adopted by the Human Rights Council of the UN in Geneva. On 8 October 2021, the Council acknowledged our debt to the younger of the planet and accepted the necessity to safeguard the surroundings as a basic proper.
In Cyprus the constitutional change might be achieved both by means of a change to the Proper to life (Article 7), or the Proper to a good existence (Article 9), or to the Proper to personal life (Article 15). There’s a want for an additional dialogue as to which of the abovementioned Articles is essentially the most applicable to afford safety.
In Greece, for instance, Article 24 of the structure safeguards the safety of the surroundings as an obligation of the State and consequently a proper for the person.
The Cyprus Greens – Residents’ Cooperation on the stated convention took a place on the substance of the difficulty, stressing that on the 27th of September 2019, that they had offered a Invoice for the safety of the surroundings by means of an modification to the Proper to life underneath Article 7 of the Structure. This proposal just isn’t confined to the surroundings however extends to the safety of biodiversity.
I’m of the opinion that this Invoice requires the pressing dialogue earlier than the Home of Representatives in order that we will proceed, as quickly as potential, to the constitutional safeguarding of the surroundings.
This can pressure the state to point out the required respect to the surroundings. On the identical time, it’s going to make it potential for the person citizen to demand and declare this proper.
With the safety of the surroundings as a separate proper the Sincere State will safeguard what residents try for and are literally entitled to.”
7 January 2022