خلاصة:
The right to a healthy environment has been recognized as a right in the third generation of human rights and is one of the progressive rights that seeks to preserve the environment for present and future generations. The right to a healthy environment is the subject of several international instruments and treaties and therefore carries with it the obligations of governments to protect it. However, all human rights are effective when they are respected in the judiciary. Accordingly, this study seeks to examine the judicial protection of the right to a healthy environment in the proceedings of the European Court of Justice through a descriptive-analytical method. Based on the findings of this study, the European Court of Human Rights, as a regional court based on the founding document, the European Convention on Human Rights, considers itself obliged to investigate and rule on cases of human rights violations. On the other hand, the concept of environmental democracy has been recognized in the proceedings of the court, and this court has paid attention to this concept in several opinions. Although the right to a healthy environment is not explicitly mentioned in the text of the European treaty, the European Court of Justice shows that the court upholds the right to a healthy environment through other materials, such as a dynamic interpretation of the treaty. This article seeks to review the case law of the European Court of Human Rights in protecting the right to a healthy environment.
ملخص الجهاز:
The effect of the rulings issued by the European Court of Human Rights is not merely limited to the decided cases, but also extends to the legislative level or is implemented in a specific field within the member states of the Council of Europe, providing a systemic change.
The European Court of Human Rights, as the authority for protecting the rights and freedoms of individuals, in its recent jurisprudence, by considering a dynamic interpretation of various articles of the Convention through them, has paid attention to the right to a healthy environment, explicitly stated it in its rulings, and has even considered positive obligations for states in line with the protection of this right.
Accordingly, in the first section, we describe Europe's actions in the field of concern for a healthy environment, and in the second section, we proceed to the study and case analysis of the existing rulings of the European Court of Human Rights.
1. Case of Öneryıldız v Turkey, prohibition of dangerous industrial activities In the jurisprudence of the European Court of Human Rights, states have two types of obligations in the context of protecting human rights.
1. Kyrtatos v Greece case; existence of the element of environmental harm The procedure of the European Court of Human Rights regarding the violation of Article 8 concerning the right to the environment has two criteria: the negative effect of the environment on private life and the direct effect.
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