Abstract

GARCIA SAN JOSE, Daniel. Thirty Years of Protection of the Right to the Environment by the European Court of Human Rights: Critical Balance of a Jurisprudence with Lights and Shadows. Anu. Mex. Der. Inter [online]. 2022, vol.22, pp.109-150.  Epub Aug 07, 2023. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2022.22.16950.

Since the judgment of the European Court of February 9, 1990 in the case of Powell and Rayner against the United Kingdom until today, 30 years have passed in which there has been a rich jurisprudence taking into account the protection of the environment to individuals by two indirect means: as long as they are the owner of rights whose guarantee requires in certain cases and by virtue of a reflex effect, the protection of the environment, and as long as they participate in the ownership of a general interest of which it is an integral element of the environment and whose safeguarding allows imposing limitations on the enjoyment of certain rights recognized in the European Convention system. This study addresses a critical examination of the lights and shadows of that rich jurisprudence.

Keywords : jurisprudence on the environment; jurisprudence; European Court of Human Rights; human rights and environment; environment as a human right.