Fundamental Human Right to a Healthy and Ecologically Balanced Environment in the Light of ECHR Decisions
Dragos Marian Radulescu ()
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Dragos Marian Radulescu: Dimitrie Cantemir Christian University
International Journal of Academic Research in Accounting, Finance and Management Sciences, 2012, vol. 2, issue Special 1, 162-166
Abstract:
Fundamental human right to a healthy and ecologically balanced environment as a relatively new law, contained in the third generation, the "rights of solidarity" is not expressly established major international treaties, such as "Universal Declaration of Rights human "(adopted by the UN in 1948)," European Convention on human Rights "(1950) or" International Covenants on human Rights "(1966), because at the time of their adoption of the ecological crisis is not broke, so there was no question right there in the environment. Therefore the only solution found its recognition by the European Court of Human Rights, who used the technique "indirect protection", which allows the extension of protection of rights recognized by the European Convention rights are not provided for this. Thus, by the "attraction" and under cover art. Article 8. (1) of the European Convention, which recognizes "the right of everyone to respect for his private and family life, his home and correspondence" right to a healthy and ecologically balanced environment was introduced in the field of the Convention.
Keywords: Fundamental human right to a healthy and ecologically balanced environment; the European Court of Human Rights (ECHR); due process; compensation (search for similar items in EconPapers)
JEL-codes: F00 (search for similar items in EconPapers)
Date: 2012
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Persistent link: https://EconPapers.repec.org/RePEc:hur:ijaraf:v:2:y:2012:i:1special:p:162-166
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