The impact of ecology on human health: state obligations and the practice of the European Court of Human Rights

Abstract. The article examines the relationship between environmental conditions and public health, focusing on the legal aspects of environmental rights protection. The article examines the role of the state in ensuring a proper environmental environment and compliance with environmental standards, which is an integral part of the right to health. The author identifies the key legal mechanisms for the protection of environmental rights and their application in the European legal system. Various environmental violations are highlighted and their impact on human health is analyzed, and it is pointed out that the state is obliged to create appropriate conditions to reduce the risks associated with air, water, soil and other negative environmental factors. In particular, the author considers cases where non-compliance with environmental safety standards leads to a violation of fundamental human rights, such as the right to life and privacy. The author emphasizes the importance of the State's duty not only to create a legislative framework, but also to implement effective mechanisms for controlling and monitoring compliance with these standards. The article pays special attention to the analysis of judgments of the European Court of Human Rights in cases concerning environmental risks and protection of citizens' rights from harmful environmental impact. Specific examples are provided when the court recognized human rights violations due to the failure of the state to ensure an adequate level of environmental safety, which led to a deterioration in public health. The article also highlights the court's position on applications that are declared inadmissible. Based on the analysis of international law, the author determines the importance of environmental standards in the human rights protection system, which is becoming a priority for the international community. The author highlights the responsibilities of the State for creating conditions conducive to preserving and improving the health of citizens through environmental protection. This becomes especially relevant in the context of modern environmental challenges, when effective environmental legislation and its proper implementation can significantly affect the preservation of public health and the guarantee of natural human rights. Key words: right to health care, natural rights, state, European Court of Human Rights

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Publication Details

Journal
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Published
2025-06-16
DOI
https://doi.org/10.23939/law2025.46.381
Primary Topic
Environmental law and policy
Type
article
Field-Weighted Citation Impact
0.00
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article

The impact of ecology on human health: state obligations and the practice of the European Court of Human Rights

Solomiia Tsebenko, Rostyslava Frei
Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni nauki
Environmental law and policy
article

The impact of ecology on human health: state obligations and the practice of the European Court of Human Rights

Solomiia Tsebenko, Rostyslava Frei
article en

Abstract

Abstract. The article examines the relationship between environmental conditions and public health, focusing on the legal aspects of environmental rights protection. The article examines the role of the state in ensuring a proper environmental environment and compliance with environmental standards, which is an integral part of the right to health. The author identifies the key legal mechanisms for the protection of environmental rights and their application in the European legal system. Various environmental violations are highlighted and their impact on human health is analyzed, and it is pointed out that the state is obliged to create appropriate conditions to reduce the risks associated with air, water, soil and other negative environmental factors. In particular, the author considers cases where non-compliance with environmental safety standards leads to a violation of fundamental human rights, such as the right to life and privacy. The author emphasizes the importance of the State's duty not only to create a legislative framework, but also to implement effective mechanisms for controlling and monitoring compliance with these standards. The article pays special attention to the analysis of judgments of the European Court of Human Rights in cases concerning environmental risks and protection of citizens' rights from harmful environmental impact. Specific examples are provided when the court recognized human rights violations due to the failure of the state to ensure an adequate level of environmental safety, which led to a deterioration in public health. The article also highlights the court's position on applications that are declared inadmissible. Based on the analysis of international law, the author determines the importance of environmental standards in the human rights protection system, which is becoming a priority for the international community. The author highlights the responsibilities of the State for creating conditions conducive to preserving and improving the health of citizens through environmental protection. This becomes especially relevant in the context of modern environmental challenges, when effective environmental legislation and its proper implementation can significantly affect the preservation of public health and the guarantee of natural human rights. Key words: right to health care, natural rights, state, European Court of Human Rights

Visnik Nacional’nogo universitetu «Lvivska politehnika» Seria Uridicni naukiVol. 12(46)
Openalex Percentile: Top 76%
Environmental law and policy
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