Influence of Transformation Trends on Entrepreneurial Potential in East Croatia

Tolić, Snježana; Lončarić, Ružica

doi:10.17660/actahortic.2006.699.50

Cited by 2 publications

(1 citation statement)

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“…Although the Court has dealt with applications concerning harmful effects of environmental pollution since the 1960s, 45 it was not until 1991 that it expressly recognised that in today's society the protection of the environment is an increasingly important consideration. 46 Three years later, in the landmark judgment Lόpez Ostra v Spain, 47 the Court held that "[N]aturally, severe environmental pollution may affect individuals' well-being and prevent them from enjoying their homes in such a way as to affect their private and family life adversely, without, however, seriously endangering their health''. 48 This case was examined under Article 8 like most of the Court's environmental case-law, and has set the general principle which the Court has been consistently reiterating ever since, namely, that even though there is no explicit right to a safe and healthy environment in the ECHR, an issue may arise under Article 8 where an individual is directly and seriously affected by some sort of environmental nuisance or pollution.…”

Section: A Few Introductory Remarksmentioning

confidence: 99%

The Right to Respect for Private and Family Life as a Means of Environmental Protection

Radina

2023

EU and Comparative Law Issues and Challenges Series

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Environmental degradation has a significant impact on a number of fundamental human rights; it alters the way individuals lead their lives, threatens their well-being and can prevent them, among other things, from peacefully enjoying their private and family life. Just like the environmental protection is crucial for the enjoyment of human rights, the effective exercise of human rights is essential for safeguarding the environment. Although this reciprocal relationship has long been widely acknowledged, the human right to a clean and healthy environment still awaits international and European human rights law recognition in the form of a binding document. Since the right to respect for private and family life is one of the fundamental human rights most affected by harmful effects of environmental pollution, it is often used as a means of addressing environmental issues. Besides reflecting on the European Union’s approach to environmental protection, this paper will focus on the examining of the specifics and the extent of the protection afforded to the environment through the right to private and family life as guaranteed by Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and how this process in turn contributes to the development of the ‘green’ dimension of the right to private and family life. Naturally, the aim of the paper is also to consider the existing possibilities for advancing the protection of the human right to a healthy environment by means of the right to private and family life and vice versa.

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Section: A Few Introductory Remarksmentioning

confidence: 99%