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The right to healthy environment: potential of the European Convention on Human Rights

Shavela, Volha

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Abstract

The European Convention on Human Rights (ECHR) does not include any article specifically designed to provide a general protection of the environment as such. But many believe that the ECHR has already established one of the most remarkable mechanisms of control and guarantee of “right to a healthy environment” through the evolving interpretation of existing provisions. This paper intends to present the limits of the European Court of Human Rights jurisprudence in regard of environmental cases and shows how Europe and the world would benefit if the right to a healthy environment became a stand-alone right in the ECHR. Key words: Human Rights, Environment; Right to a Healthy Environment; European Court of Human Rights; European Convention on Human Rights.

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What this paper is about

The European Convention on Human Rights (ECHR) does not include any article specifically designed to provide a general protection of the environment as such. But many believe that the ECHR has already established one of the most remarkable mechanisms of control and guarantee of “right to a healthy environment” through the evolving interpretation of existing provisions. This paper intends to present the limits of the European Court of Human Rights jurisprudence in regard of environmental cases and shows how Europe and the world would benefit if the right to a healthy environment became a stand-alone right in the ECHR. Key words: Human Rights, Environment; Right to a Healthy Environment; European Court of Human Rights; European Convention on Human Rights.

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Available abstract

The European Convention on Human Rights (ECHR) does not include any article specifically designed to provide a general protection of the environment as such. But many believe that the ECHR has already established one of the most remarkable mechanisms of control and guarantee of “right to a healthy environment” through the evolving interpretation of existing provisions. This paper intends to present the limits of the European Court of Human Rights jurisprudence in regard of environmental cases and shows how Europe and the world would benefit if the right to a healthy environment became a stand-alone right in the ECHR. Key words: Human Rights, Environment; Right to a Healthy Environment; European Court of Human Rights; European Convention on Human Rights.

Key concepts: Convention, Human rights, Political science, Law, Law and economics, Sociology

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