publication . Article . 2015

THE RIGHT TO A CLEAN ENVIRONMENT. INTERNATIONAL RECOGNITION OF A HUMAN RIGHT TO A CLEAN ENVIRONEMENT BY ECTHR JURISPRUDENCE

Oana Maria HANCIU;
Open Access English
  • Published: 01 Jul 2015 Journal: Challenges of the Knowledge Society (issn: 2068-7796, eissn: 2068-7796, Copyright policy)
  • Publisher: Nicolae Titulescu University Publishing House
Abstract
European Convention on Human Rights (ECHR) does not specifically recognize a right to a clean environment, nor speaks specifically about environmental issues. However, there are many cases in the ECtHR jurisprudence which indirectly have a linkage with environmental protection. Often, throughout its decisions, ECtHR considers a positive obligation of States to take all necessary measures to protect human life and thus to provide a suitable environment for human living. The paper analyses the linkage between human rights and the international environment law and the role of ECtHR jurisprudence in enshrining an international human right in the field of environment...
Subjects
free text keywords: right to a clean environment, environmental protection, positive obligation of States, ECHR, international human right., Social sciences (General), H1-99
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