New Constitutional Amendment Article 7A: The right to a safe, clean, healthy and sustainable environment as an autonomous right under the Cyprus Constitution
This recent amendment to the Cyprus Constitution, the addition of Article 7A, guarantees to every citizen of the Republic of Cyprus the right to a safe, clean, healthy and sustainable environment.
Before the addition of Article 7A, the protection of the environment could be recognised through Article 7, that is the right to life and its relevant case law. Through the addition of Article 7A, the protection of the natural habitat constitutes an obligation of the State and thus the latter shall take all measures for and towards sustainability. Every citizen has the right to file before the Courts for matters related to the infringement of such a right and as such seek a remedy for such an infringement, as well as have the right to access environmental information, even if they do not have a direct and personal interest.
This constitutional amendment has the potential to open the door to claims before the Courts for cases related to pollution or the destruction of biodiversity by citizens and not for profit organizations. This greater access to environmental information is also a step forward to the right direction with regards to the protection of the environment. The amendment is the result of the international effort, both at the United Nations and European level, for the implementation into national law of the universal and autonomous human right to a healthy and sustainable environment for present and future generations. We are witnessing a global climate emergency and so this recent constitutional amendment was very much needed and should be celebrated.
Our Firm and its lawyers can represent you or your non-profit before the Courts of Cyprus. The present Article is a legal news update and does not constitute legal advice. Please contact Mr. Nicolas Mouktaroudes, Dr. Angeliki Samara or Ms. Elena Evripidou for insights and legal advice tailored to your needs.
