Considerations on the Right to a Healthy Living Environment

Abstract

Among the fundamental rights of "third generation" rights of solidarity, the right to a healthyand ecologically balanced environment is characterized by a special dynamicof its recognition andits legal guarantee. Originally internationally proclaimed , constitutionally and legislativelyrecognized by states, this right is perceived with difficulty, judicially, by the system of the EuropeanConvention on Human Rights and Fundamental Freedoms and by European law. In the absence ofspecific legislation, it is recognized and guaranteed, especially through procedures andjurisprudence. The Stockholm Conference of 1972 organized by the UN and its decisions have spurred socioeconomicand legal-constitutional concerns of consecration of environmental protection. Virtuallyany constitution that was adopted or substantially modified after that time also included provisionson the environment. In this regard, more frequent constitutional consecration is positive and paves the way for hisinclusion among post-modern fundamentals right. It is considered that the right to environment is asubjective right to third parties whose compliance with can be requested by any natural or legalperson, public or private.

Keywords

• :fundamental rights
• environmental protection
• the right to a healthy environment