Abstract
At global and european level as well it is the necessity to recognize a new fundamental human right, that is the right to a healthy
and balanced environment, has only gradually developed. From a human rights point of view, the right to a healthy and quality
environment is a fundamental right whose nature and characteristics do not change over time passage or as a consequence of
circumstance changes.The right to a healthy environment was recognized through an extensive interpretation of the applicability
domain of certain rights, expressly provided for in the provisions of the European Convention of Human Rights. Although there
are no provisions in the Convention or its additional Protocols, that expressly refer to the right to a healthy and ecologically
balanced environment, the European Court of Human Rights has recognized in its case-law and that of the European
Commission, that certain types of deteriorations of the environment with serious consequences for the individuals or even the
failure of the public authorities to provide information regarding the ecological risks that invidiuals are exposed to can constitute
breaches of certain rights protected throught the provisions of the Convention, such as right to life, right to private and family life
or right to property. The European Charter of Fundamental Rights provides, concerning the environmental protection, that a high
level of environmental protection and of environment quality improvement must be integrated in the EU politics and be
guaranteed according to the principle of sustainable development.
AbstractAt global and european level as well it is the necessity to recognize a new fundamental human right, that is the right to a healthyand balanced environment, has only gradually developed. From a human rights point of view, the right to a healthy and qualityenvironment is a fundamental right whose nature and characteristics do not change over time passage or as a consequence ofcircumstance changes.The right to a healthy environment was recognized through an extensive interpretation of the applicabilitydomain of certain rights, expressly provided for in the provisions of the European Convention of Human Rights. Although thereare no provisions in the Convention or its additional Protocols, that expressly refer to the right to a healthy and ecologicallybalanced environment, the European Court of Human Rights has recognized in its case-law and that of the EuropeanCommission, that certain types of deteriorations of the environment with serious consequences for the individuals or even thefailure of the public authorities to provide information regarding the ecological risks that invidiuals are exposed to can constitutebreaches of certain rights protected throught the provisions of the Convention, such as right to life, right to private and family lifeor right to property. The European Charter of Fundamental Rights provides, concerning the environmental protection, that a highlevel of environmental protection and of environment quality improvement must be integrated in the EU politics and beรับประกันตามหลักการพัฒนาที่ยั่งยืน
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