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Council of Europe and the right to a healthy environment (CROSBI ID 247981)

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Marochini, Maša Council of Europe and the right to a healthy environment // Dignitas (Ljubljana), 2014 (2014), 59/60; 97-128

Podaci o odgovornosti

Marochini, Maša

engleski

Council of Europe and the right to a healthy environment

The paper looks at the right to a healthy environment as guaranteed by two main instruments of the Council of Europe for the protection of human rights: the European Convention on Human Rights, and the European Social Charter. As an instrument on civil and political rights, the Convention contains no explicit or implicit reference to the right to a healthy environment. Nevertheless, in its jurisprudence, particularly regarding Article 8 (and in certain situations Article 2), the European Court of Human Rights has started to interpret the Convention so as to include the right to a healthy environment. On the other side, as an instrument on economic and social rights the Charter also does not explicitly include the right to a healthy environment, although it does so implicitly under Article 11(3) which obliges State parties to take appropriate measures to prevent, as far as possible, epidemic, endemic and other diseases, as well as accidents. This provision seems much more suitable for interpretation in such a way as to guarantee the right to a healthy environment than Articles 2 and 8 of the Convention that guarantee the right to life and the right to respect for private and family life, home and correspondence. Already in its conclusions in the Reporting system, the European Committee on Social Rights has started interpreting the Charter so as to guarantee the right to a healthy environment and this has continued in the Committee’s decisions on collective complaints. Therefore, as will be argued, the right to a healthy environment is now included in the Charter through the interpretation of the Committee. Consequently, what this paper contends is that the right to a healthy environment is more suitable and better placed under the Charter than the Convention.

the right to a healthy environment, Articles 2 and 8 of the European Convention on Human Rights, judgments concerning the right to a healthy environment, Article 11 of the European Social Charter, decisions and conclusions concerning the right to a healthy environment

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Podaci o izdanju

2014 (59/60)

2014.

97-128

objavljeno

1408-9653

Povezanost rada

Pravo