The Right of Humans to a Healthy Environment, a Fourth Generation Human Right

Daniela Pirvu ()
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Daniela Pirvu: PhD student, Doctoral School of the University of European Studies in Moldova, Chisinau, Republic of Moldova

Postmodern Openings, 2021, vol. 12, issue 2, 274-297

Abstract: This article aims to clarify the relationship between human rights and the environment, as it results from the jurisprudence of the two supranational institutions at the level of the European Union (the European Court of Human Rights and the European Court of Justice). It can be said that, to date, the jurisprudence covered by this article reflects the most important principles that the Court has applied in environmental case law. The article sets out the three most important principles regarding the individual rights that could be affected by environmental damage. On the one hand, the human rights that are protected by the Convention may be directly affected by harmful environmental factors, which may lead to a substantial violation of those rights. On the other hand, harmful environmental factors can lead to procedural violations of these rights. It is important to note here that the procedural aspects of these rights relate to the information and communication duties that national authorities have in the event of any damage brought to the environment. Finally, national authorities may also use environmental protection as a legitimate aim to justify possible interference with certain individual human rights.

Keywords: human rights; the right to a healthy environment; ecology; fourth generation human rights (search for similar items in EconPapers)
JEL-codes: I12 I2 O0 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev3rl:v:12:y:2021:i:2:p:274-297

DOI: 10.18662/po/12.2/308

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