ENVIRONMENTAL PROTECTION DERIVED FROM THE EUROPEAN CONVENTION FOR HUMAN RIGHTS AND FROM THE EUROPEAN SOCIAL CHARTER
ENVIRONMENTAL PROTECTION DERIVED FROM THE EUROPEAN CONVENTION FOR HUMAN RIGHTS AND FROM THE EUROPEAN SOCIAL CHARTER

Summary/Abstract: The present study started from our wish to present to the large audience the case-law of the European Court of Human Rights and of the European Committee of Social Rights regarding the environment protection. Although the Convention for the Protection of Human Rights and Fundamental Freedoms, as well as the revised European Social Charter do not expressly guarantee a right to a sound, quiet and healthy environment, both instruments offer a certain degree of protection with regard to environmental matters, as we shall demonstrate within the present study with the evolving case-law in this area. As regards the reason why we have chosen for this research both instruments, note should be made with regards to the fact that the European Social Charter completes the Convention for the Protection of Human Rights and Fundamental Freedoms, and should be interpreted as creating fundamental economic, social and cultural rights. Although contested sometimes, because of its construction, as having a limited purpose, different than the Convention for the Protection of Human Rights and Fundamental Freedoms, we consider that it was conceived like this in order to offer flexibility, giving the chance to the States to choose the rights they will guarantee. We consider that disseminating the case law of both international bodies would contribute to strengthen environmental protection at the national level.

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