Právo na příznivé životní prostředí jako základní lidské právo

Monika DOSTÁLOVÁ

Master's thesis

Right to Healthy Environment as a Fundamental Human Right

Abstract:

In nowadays world there is no doubt that the right to healthy environment rank among the group of human rights. We can see regulation and protection of this right on international, european and of course on national level. But the level of protection is different and is not adequately and due to this fact is difficult to enforce the right to healthy environment. Healthy environment is precondition of pleased and healthy life and thaťs the main reason why the right to healthy environment must be protected on sufficient level. The question is why the right to healthy environment is not explicitly enshrined in binding international document. The main reason is lack of political will of states. Recently the European court of human rights protects the right to healthy environment only indirectly, through the infringement of other human rights such as the right to respect for private and family life. The Charter of fundamental rights of the EU does not contain the right to healthy environment, only some indefinite statement. And finally the Czech Constitutional Court fails in providing protection of the right to healthy environment because according to its judgement the environmental non - governmental organisations are not subjects of that right. It is evident that this kind of protection is insufficient. Mainly the Czech Constitutional Court should change its approach and make the environmental protection more effective.

Keywords

Právo, Základní lidská práva, Životní prostřed, Právo na příznivé životní prostředí

Language used: Czech

Date on which the thesis was submitted / produced: 29. 3. 2012

Accessible from:: 29. 3. 2012

Thesis defence

• Supervisor: JUDr. Veronika Tomoszková, Ph.D.

PALACKÝ UNIVERSITY IN OLOMOUC

Faculty of Law

Master programme / field:
Law and Jurisprudence / Law