The approach of the European court of human rights to environmental protection

Abstract

The thesis aims to analyse the protection of environmental interests through the cases decided by the European Convention of Human Rights. The Convention does not include a right to a healthy environment. However, in recent years the European Court of Human Rights has given a number of innovative judgments acknowledging applicants' causes of action in environmental cases. The new jurisprudence poses crucial questions on the interpretation of the Convention and admissibility requirements to bring a case to the Court. The paper will seek to offer an overview of these developments. The first chapter gives a general outline on the conceptual and legal linkage between human rights and environmental protection, giving an account of the Council of Europe’s position on the matter. The analysis then proceeds to a detailed review of the Court’s jurisprudence in connection with each of the provisions that have found application in environmental cases, namely the right to respect for one's home, private and family life; the right to life; the right to a fair trial and the right to a remedy. The conclusions summarize the features of the Court's jurisprudence, commenting on its role in the protection of environmental interests within the Member States of the Council of Europe