Contribution of the ecthr case law with regard to environmental protection issues
| Autor | Dr. Hariclia Athanassopoulou |
| Cargo | Lawyer. Senior Investigator at the Greek Ombudsman |
| Páginas | 162-172 |
R.E.D.S. núm. 7, Julio-Diciembre 2015 ISSN: 2340-4647
Págs: 162-172
CONTRIBUTION OF THE ECTHR CASE LAW WITH
REGARD TO ENVIRONMENTAL PROTECTION ISSUES
DR. HARICLIA ATHANASSOPOULOU
Lawyer
Senior Investigator at the Greek Ombudsman
Fecha de recepción: 21 de julio de 2015
Fecha de aceptación: 9 de septiembre de 2015
ABSTRACT: The ECHR is used as a tool for indirect protection of the rights
enshrined in the environment, through Article 8, which guarantees respect for private and family
life of the individual. To offer effective protection, this article is combined with article 2 for the
right to life and Article 10 on freedom of expression. Additionally, article 1 par. 1 of the First
Additional Protocol to the ECHR is taken into account for the protection of individual property
along with environmental protection.
Indirect protection of the environment entails two categories of provisions: on the one
hand, provisions aimed at protecting the individual and, in particular, its physical integrity, its
personality and its living space; on the other hand, provisions that team up protection of property
of individuals with environmental protection.
According to the relevant judgments of the EctHR, public authorities are obliged to take
measures in order to avoid accidents arising from either dangerous activities or natural disasters;
in addition, the legal system should provide a mechanism of accountability for perpetrators who
fail to act immediately or do very little to address environmental risks. In some cases, the
authorities also have to adopt positive measures aimed at respecting environmental rights.
Protection of property of individuals is of particular importance in the context of the
ECHR; limitations to the right of ownership or complete deprivation thereof, in the form of forced
expropriation, on the grounds of protection of the natural environment or public interest, should
always be done according to the legal provisions and prior payment of compensation, taking into
account the general principles of international law, such as the principle of proportionality. The
ECtHR has also pointed out, in environmental cases, the need to achieve a fair balance between
the requirements of public interest and the requirements for the protection of fundamental rights
of the individual.
The right to a healthy environment is not an explicit provision in the European
Convention on Human Rights; despite efforts to integrate in an additional protocol the rights of
individuals to a healthy and sustainable environment, no such provision has been established.
For that reason, Article 8 of the ECHR, which guarantees respect for private and family life of the
individual, is used to institute an indirect protection of the rights enshrined in the environment.
To offer effective protection, this article is combined with article 2 for the right to life and Article
10 on freedom of expression.
Additionally, article 1 par. 1 of the First Additional Protocol to the ECHR is taken into
account for the protection of individual property1 along with environmental protection.
Consequently, the indirect protection of the environment originates from the provisions of four
articles.
Finally, an important aspect is access to justice for environmental protection issues
through violation of Article, par. 1, right to a fair trial, in conjunction with Article 13 of the ECHR
concerning the right to an effective remedy, without limiting itself to merely jurisdictional and
procedural requirements.
KEY WORDS: Enviromental protection, European Convention, Human Rights.
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