<abstract xmlns="http://www.w3.org/1999/xhtml"><p>This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.</p></abstract>

This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on protection of human rights. Interestingly, it does not explicitly guarantee the environmental right, it needs to be determined; therefore, if individuals can cite violations of this right in their complaints to the European Court of Human Rights – the authority guarding obedience to the European Convention. Analysis of the Strasbourg decisions implies the environmental right can be applied to highly diverse situations. In practice, complainants cite its infringements in connection with violations of the right to private and family life as incorporated in Article 8 of the European Convention. This does not mean, however, every time a complainant cites Article 8 of the European Convention to accuse a state of breaching their environmental rights, the European Court is going to accept such a charge.

The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

University of Technology and Humanities in Radom

Environmental Protection and Natural Resources

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

This paper aims to discuss the place of environmental right in the system of the 1950 European Convention – a fundamental Council of Europe treaty on...

The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

Data publikacji: 31 gru 2020

Zakres stron: 1 - 7

DOI: https://doi.org/10.2478/oszn-2020-0015

Słowa kluczowe
human rights, environmental right, European Convention, European Court of Human Rights, Strasbourg decisions

© 2020 Anna Dąbrowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

The environmental right in the system of the Convention for the Protection of Human Rights and Fundamental Freedoms – selected aspects

Data publikacji: 31 gru 2020

Zakres stron: 1 - 7

DOI: https://doi.org/10.2478/oszn-2020-0015

Słowa kluczowehuman rights, environmental right, European Convention, European Court of Human Rights, Strasbourg decisions

© 2020 Anna Dąbrowska, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
human rights, environmental right, European Convention, European Court of Human Rights, Strasbourg decisions