The right to a healthy environment as a fundamental right: between legal recognition and climate justice Ginevra Gelsomini1 I. Introduction. – II. The origins of the right to a healthy environment: From the Stockholm Conference to contemporary international law. – III. The formal recognition of the right to a healthy environment in contemporary international law. – IV. International Jurisprudence: from theory to applied practice. – V. The right to a healthy environment in Europe: from the EU legal framework to Italy’s constitutional reform. – VI. Final remarks. This contribution analyzes the evolution of the right to a healthy environment, from a merely ecological concept to a fundamental pillar of international law and human rights. Through a diachronic analysis starting from the 1972 Stockholm Conference up to the most recent rulings of the European Court of Human Rights, it highlights how this right has gradually emerged as an essential condition for the effective enjoyment of other fundamental rights. The study focuses on key international legal instruments, the most significant case law, and the evolution of the European and national frameworks, with particular reference to the recent 2022 constitutional reform in Italy. Keywords: Right to a healthy environment, fundamental rights, human rights, environmental law, international law, constitutional law, climate justice, intergenerational equity, sustainable development, ecological transition, environmental democracy, green economy, ESG criteria, precautionary principle, polluter pays principle, circular economy. DOI 10.60559/ijtthl2026-012 1 PhD Candidate in Legal and Political Sciences, Guglielmo Marconi University, Italy.
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