Human rights, environmental protection, EU, European Court of Human Rights, responsibility
In recent years, the evolution of a consensus regarding the need to address environmental protection issues has generated significant debate in the international community regarding who should bear responsibility for environmental harm. 1 One forum for this debate is the European Court of Human Rights (Court). The Court’s willingness to recognize the nexus between environmental protection and human rights in its latest environmental decisions reflects a growing recognition of the importance of environmental issues, specifically the quality of the environment, and the need for protection against and information about environmental threats. 2 In the landmark decision Guerra & Others v. Italy, the Court held that Italy failed to respect the applicant’s right to privacy and family life in breach of Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (Convention), by not providing essential information which would have enabled the applicants to assess the environmental risks of living in proximity to a chemical factory.
(2000) 8 N.Y.U. Environmental Law Journal 437-495.