The chapter introduces the doctrinal data analysis to explore the compatibility of the ECHR with the specific risk principle of the environmental minimum. The specific risk principle is the trigger of the environmental minimum framework, determining whether the minimum standards of review apply to a given environmental harm. The principle requires that an environmental harm is successfully linked to a threat to a specific human right recognised under the invoked protection regime. Compatibility with the ECHR can be determined through the extent the doctrine of the Court subscribes to two key claims: (1) in principle, any environmental harm can give rise to infringements of Convention rights; and (2) environmental harm has been successfully linked to the Convention rights and led to findings of violations in the past. The chapter concludes that, notwithstanding some inconsistencies in earlier cases, the prevailing ECHR doctrine is compatible with the environmental minimum to a significant extent.

The chapter examines the crucial question whether the ECtHR recognizes that a reasonable hypothesis of harm is sufficient to establish the link between environmental harm and a specific risk to a Convention right required under the specific risk principle. The crucial ECHR rules on this point relate to evidence and the requirements for victim status under Article 34 ECHR. The chapter first sets out the general principles developed with respect to the rules of evidence and victim status before exploring some encouraging developments in more recent cases under Articles 2 and 8 ECHR. The chapter recognises the difficulties and limitations that arise for applicants who seek to obtain relevant evidence and records from reluctant states. Nonetheless, the ECHR case law generally comports well with the requirements of the environmental minimum. The ECtHR does not require applicants to demonstrate an irrefutable scientific link between the environmental harm and an impact on their rights: in many recent decisions the ECtHR is content with evidence of a general population level risk arising from the environmental harm expierienced by the applicant.