Air pollution, Greece, health hazards, positive obligations, public health, state liability, human rights, healthy environment.
Discusses the European Committee of Social Rights decision in Marangopoulos Foundation for Human Rights (MFHR) v Greece (30/2005) on whether Greece had failed to comply with its positive obligations under the European Social Charter 1961 art.11, guaranteeing the right to health, by taking insufficient measures to guard against public health risks from air pollution caused by lignite mining operations. Considers whether a right to a healthy environment is embodied within the right to health. Assesses whether the state could be held accountable for the activities of private mining companies.
(2009) 7(3) International Journal of Constitutional Law, 529-538.