Contribution of the ecthr case law with regard to environmental protection issues

• Autores: Hariclia Athanassopoulou
• Localización: Revista de Derecho, Empresa y Sociedad (REDS), ISSN-e 2340-4647, Nº. 7, 2015, págs. 161-171
• Idioma: inglés
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• Resumen

  • 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 ccountability 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