Dreptul fundamental al omului la un mediu sănătos în jurisprudența CEDO

Abstract

The right to a healthy environment is an indirectly guaranteed right by the European Convention of Human Rights, being considered by some authors as part of the third generation human rights, called solidarity rights, alongside with the right to peace, the right to development etc, but which are not granted by express dedication in the Convention. Given the importance of this right, the European Court of Human Rights has used the „indirect protection” technique which allows the extension of the protection of some guaranteed rights by the Convention, to other rights which are not covered by it. Thus, through an extensive interpretation of the domain of application of some rights expressly stipulated by the Convention, the right to a healthy environment was assimilated to the right to privacy, being considered a component of this right. In this way the environmental right is indirectly protected. In this paper we analyze the evolution of this right, both in terms of its establishment in the national and international legal instruments, as well as in the case-law developed by the European Court of Human Rights.

Keywords

• echr
• european convention of human right
• healthy environment
• human rights protection.