Environmental cases in the ECHR. A focus in noise pollution

Telmo Esteban Fernández

Abstract


Noise is one of the main problems in modern societies. Moreover, noise as well as other forms environmental degradation (fumes, waste…) can, not only be an «inconvenience», but also a «polluted environment» can harm people’s health and life. Human Rights litigation can be an effective way to fight environmental degradation and protect people’s life. The European Court of Human Rights has decided some «environmental cases», being the world’s leading court in this area. The rich case-law of the ECHR starts to build criteria that are useful, in the face of the violation of certain rights by environmental factors, in advancing the acceptance of a «right to live in a healthy environment». This article aims at analyzing those criteria, as a tool for researchers and lawyers that work in the linkage between Human Rights and the Environment at the ECHR.

Published online: 11 December 2017


Keywords


noise; environment; human rights; environmental law; European Court of Human Rights; life; privacy; property

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DOI: http://dx.doi.org/10.18543/aahdh-6-2009pp133-146

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