Harris Kyriakides
Harris Kyriakides

The right to the environment: A new chapter in Cyprus’ constitutional framework

Posted on 13 January 2025 | 4 mins read

The protection of the environment has now acquired a constitutional dimension in Cyprus through the enactment of the Nineteenth Amendment to the Constitution (Law 171(I)/2024), published in the Official Gazette of the Republic on 31 December 2024. This amendment introduces Article 7A, which explicitly recognises the  right to a clean, healthy, and sustainable environment, marking a landmark development in the country’s legal landscape and strengthening the framework for environmental protection.

The addition of Article 7A fills an important gap in national legislation, providing explicit recognition of the right of every citizen to a clean, healthy and sustainable environment. This amendment marks a crucial step towards strengthening environmental protection.

Legal context: the environmental right before the amendment

Until recently, the Constitution of the Republic of Cyprus did not explicitly recognise environmental protection as a constitutional right or a state obligation. Environmental legislation largely stemmed from regulations, primarily driven by the need to align with European Union law.

Despite this, the judiciary in Cyprus had recognised the right to the environment as inherently linked to other constitutional rights, particularly Article 7 of the Constitution, which guarantees the right to life. A significant milestone in this regard was the case of Koinotita Pyrgon v. Republic (1991) 4 CLR, where the court acknowledged the right of individuals to a healthy environment in their place of residence.

This principle was affirmed in the appellate decision Republic v. Koinotita Pyrgon (1996) 3 CLR 503, which extended the interpretation of the constitutional right to life to include environmental protection. This decision established a critical judicial precedent, consolidating the connection between the right to life and environmental protection. However, the application of this interpretation remained geographically limited, as it was confined to those within the affected area.

Despite these groundbreaking decisions, the connection between the right to the environment and the right to life was not widely accepted in subsequent decisions of the Supreme Court. This created a “grey area” regarding whether the right to the environment is inextricably linked to the right to life, leaving room for disputes. Consequently, the explicit constitutional enshrinement of the right to the environment becomes imperative to ensure its substantial and universal protection.

The Nineteenth Amendment to the Constitution

The introduction of Article 7A addresses a longstanding gap by explicitly enshrining environmental rights within the constitutional framework. The key provisions of Article 7A are as follows:

1. Recognition of the Right to the Environment :

    Everyone has the right to a safe, clean, healthy and sustainable environment.

    2. Access to information and justice:

    Everyone has the right to –

    (a) access to relevant information held by the competent authorities of the Republic, without being subject to the obligation to prove a direct and personal legitimate interest, as provided by law,

    (b) access to justice in matters relating to the environment, subject to Article 146; and

    (c) effective remedy for the violation of any right arising from this Article and relevant legislation.

    3. State Obligations

    The protection of the natural environment is an obligation of the State, and for this protection the State is obliged to take preventive or repressive measures or restorative measures within the framework of the principle of sustainability.

    Impact of the amendment and future prospects

    The inclusion of Article 7A in the Constitution represents a transformative moment in Cyprus’ approach to environmental governance. By explicitly embedding the right to a clean, healthy, and sustainable environment within its constitutional framework, Cyprus aligns its national legal order with international and EU environmental standards.

    This amendment empowers individuals to hold the state accountable for environmental degradation, while simultaneously obliging the government to implement sustainable practices and policies. The new provisions allow individuals to bring pollution-related issues before the courts and provide greater access to environmental information. Furthermore, it reflects a growing global recognition of environmental protection as a fundamental human right.

    As Cyprus faces increasing environmental challenges, Article 7A provides a strong legal foundation for future initiatives aimed at mitigating environmental risks and ensuring the well-being of current and future generations. This progressive legal development underscores the country’s commitment to preserving its natural heritage and promoting environmental justice.

    Conclusion

    The Nineteenth Amendment to the Constitution not only addresses a critical gap in the legal framework of Cyprus but also sets a precedent for how constitutional law can be leveraged to prioritise environmental sustainability. With Article 7A now in place, Cyprus takes a significant step forward in harmonising environmental rights with constitutional protections, fostering a legacy of resilience and responsibility for the environment.

    By Maria Constanti

    For more information or any inquiries, please feel free to write to the ESG & Environmental Compliance team or contact us at [email protected]