Dreptul la un mediu sănătos în jurisprudența CtEDO [Articol]

Abstract

In the European Convention of Human Rights, in the provisions of Article 8, the right to a healthy environment is not presented as a stand-alone right, but rather is encompassed within other protected elements. Jurisprudence in the field of the environment has developed mainly on the basis of the findings of the European Court. Therefore, although the European Convention does not explicitly refer to a right to a healthy environment, the Court’s jurisprudence includes a variety of situations that trigger the application of Article 8, namely situations involving dangerous activities, which could seriously affect the life and health of people. Thus, according to ECtHR jurisprudence, states have an obligation to ensure to persons under their jurisdiction an adequate environment, unaffected by any form of serious pollution, which would endanger the life and health of persons or would infringe upon the right to private life.