Naslov
Council of Europe and the Right to a Healthy Environment

Autori
Marochini Zrinski, Maša

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, ostalo, ostalo

Skup
Twelfth Annual UACES Student Forum Conference

Mjesto i datum
Surrey, Ujedinjeno Kraljevstvo, 30.06.2011. - 01.07.2011

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
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

Sažetak
The presentation 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. 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 presentation contends is that the right to a healthy environment is more suitable and better placed under the Charter than the Convention

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA