Vectors of the Impact of ECtHR Decisions on the Formation of a National Model for the Implementation and Protection of Environmental Human Rights Cover Image

Vectors of the Impact of ECtHR Decisions on the Formation of a National Model for the Implementation and Protection of Environmental Human Rights
Vectors of the Impact of ECtHR Decisions on the Formation of a National Model for the Implementation and Protection of Environmental Human Rights

Author(s): Yulia Volkova
Subject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: human rights; environmental rights; ECHR practice; rule of law; Universal Declaration of Human Rights

Summary/Abstract: The appearance of the European Court of Human Rights (ECtHR) was an important and evolutionary step forward on the way to the establishment of human rights and freedoms in Europe. This event was a fateful historical fact that testified the desire of the European community to crea.te a single space within which the idea of human rights and freedoms became the basis for the formation of a supranational model of protection. In addition, the adoption of the Convention was a revolutionary step, since at the time of its development, an individual person had never before been a subject of international law. It was also not possible to exercise rights outside the territory of a separate state. The ECtHR became the guarantor of the inviolability of accepted universal norms, and the activity of this institution became the basis for the formation of a national model for the implementation and protection of human rights, including environmental rights.Court practice shows that the number of cases related to violations of environmental human rights is gradually increasing. It can be predicted that in the future, in the absence of effective measures at the national level to ensure favourable conditions for the formation of an optimal model for the implementation and protection of environmental human rights, the number of such cases will increase. In general, the ECtHR considers the state itself as an entity directly obliged to ensure regulatory and legal regulation of the protection of environmental human rights. Therefore, in order to adopt effective legislation in the field of protection of environmental human rights, states should focus on the practice of the ECHR in this field.

  • Issue Year: 1/2025
  • Issue No: 11
  • Page Range: 275-294
  • Page Count: 20
  • Language: English
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