Preserving the Right to a Healthy Environment: European Jurisprudence

Abstract

At global and european level as well it is the necessity to recognize a new fundamental human right, that is the right to a healthy and balanced environment, has only gradually developed. From a human rights point of view, the right to a healthy and quality environment is a fundamental right whose nature and characteristics do not change over time passage or as a consequence of circumstance changes.The right to a healthy environment was recognized through an extensive interpretation of the applicability domain of certain rights, expressly provided for in the provisions of the European Convention of Human Rights. Although there are no provisions in the Convention or its additional Protocols, that expressly refer to the right to a healthy and ecologically balanced environment, the European Court of Human Rights has recognized in its case-law and that of the European Commission, that certain types of deteriorations of the environment with serious consequences for the individuals or even the failure of the public authorities to provide information regarding the ecological risks that invidiuals are exposed to can constitute breaches of certain rights protected throught the provisions of the Convention, such as right to life, right to private and family life or right to property. The European Charter of Fundamental Rights provides, concerning the environmental protection, that a high level of environmental protection and of environment quality improvement must be integrated in the EU politics and be guaranteed according to the principle of sustainable development.