4. Final conclusions.
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 fundamental human rights are inalienable and this inalienability applies also in the case of the right to a healthy
environment.
Alongside the right to life, regulated in article 2 (1) of the Convention, the right to private and family life provided
for in article 8 (1) has been most frequently used in cases involving damages to the environment caused by polution.
The evolutive interpretation of the Court concerning these concepts has allowed for these damages produced to the
environment to fall within the scope of the notions of „right to life”, „private life” and that of „family life”.
Despite the progress made by the Court in respect to the case-law regarding the environment and the fundamental
human rights the problem of direct acces to the european justice is still one of the time being. Therefore, an
individual does not have the possibility to bring a claim before the ECHR until it exhausts all internal means:
charges brought before all the competent courts in the state of origin. This period of time and the complex judicial
system has considerably limited the protection of the right to a healthy environment.