Positive obligations of states in the protection of the right to environment in the light of the decisions of the European Court of Human Rights

The severe human rights violations during World Wars I and II paved the way for the adoption of the United Nations Universal Declaration of Human Rights (UDHR) and the establishment of binding international judicial mechanisms. Consequently, the Council of Europe and its European Court of Human Rights (ECtHR) were established, assuming a central role in regional human rights protection. The accelerating industrial activities post-Industrial Revolution negatively transformed human-nature interaction, making environmental problems a threat to fundamental human rights and highlighting the need for an internationally recognized right to a healthy environment. The European Convention on Human Rights (ECHR) lacks a specific article on environmental rights. ECtHR judgments address human rights violations stemming from environmental problems through other articles. This thesis examines the ECtHR's positive obligations for states in environmental applications, considering changes over time. The study analyzes Court decisions from 1990 using document analysis, a qualitative method, employing MAXQDA for variables like violation types, respondent states, and decision duration. Research indicates the ECtHR has systematically developed its positive obligation jurisprudence, influenced by international agreements and scientific advancements. Furthermore, it concludes that contemporary environmental threats like climate change impose new state obligations, with the Court adopting a dynamic and flexible interpretation approach.