The Intersection of the Right to Private and Family Life and Environmental Protection: A Comparative Analysis of Key Cases in Central and Eastern Europe

Ofak, Lana and Grubešić Črnelč, Valentina (2026) The Intersection of the Right to Private and Family Life and Environmental Protection: A Comparative Analysis of Key Cases in Central and Eastern Europe. In: Human Rights and Environmental Protection from a Centraland Eastern European Perspective. Human Rights – Children’s Rights; Human Rights and Rule of Law (XI; 3). Central European Academic Publishing, Miskolc, Budapest, pp. 203-234. ISBN 9786157027206; 9786157027213; 9786157027220

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Abstract

The European Convention on Human Rights does not explicitly guarantee the right to a healthy environment. However, the European Court of Human Rights (ECtHR) has recognised in numerous cases that adverse environmental conditions can significantly affect individuals’ well-being. Article 8, which protects the right to respect for private and family life, has been the primary provision the ECtHR has used to address environmental issues. Protection under Article 8 is invoked when individuals are significantly and directly affected by environmental nuisances, demonstrating a direct effect on their quality of life.This chapter examines the intersection of environmental protection and the right to private and family life, analysing their relationship as reflected in ECtHR case law (Section 2). It demonstrates that Article 8 is relevant in environmental cases when the State either directly causes pollution or fails to regulate private sector activities adequately (Section 3). The chapter also discusses emerging climate change case law (Section 4) and emphasises the challenges of environmental protection in Central and Eastern European countries (Section 5).This analysis highlights the changing role of Article 8 in protecting individual rights from envi-ronmental harm, reflecting the ECtHR’s broader approach to human rights protection regarding environmental issues.

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