At European level it is not explicitly enshrined the right to an ecologically balanced environment of the child. The fundamental right to a healthy and ecologically balanced in terms of man enshrined in the Charter of Fundamental Rights of the European Union stipulating in the art.37 entitled „Environmental Protection” is stating only that: „A high level of environmental protection and quality improvement must be integrated into EU policies and ensured in accordance with the principle of sustainable development”. At the same time, the Convention on the Rights of the Child enshrines not expressly entitled to an ecologically balanced environment, which is superficially mentioned in Article 24 is as follows: „To ensure that all segments of society, in particular parents and children, are informed, that they have access to education and are supported in the use of basic knowledge of child health and nutrition, to the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of accidents” . That is why we want to clarify the legal status to the child's right to an ecologically balanced environment as a basic prerogative of sustainable development of contemporary European community.