The right to environment in the light of the judgments of the European Court of Human Rights

Since the second half of the 20th century, accelerating industrialization and urbanization have led to the overuse of natural resources and to the worsening of environmental problems. These developments have made it necessary to address environmental issues not only ecologically but also legally as well as in terms of human rights. This study examines the right to the environment in light of the case law of the European Court of Human Rights (ECtHR). The study begins by outlining the concept of the environment, key environmental issues, and the purpose and principles of environmental law, followed by an analysis of the development of environmental rights as human rights. The study also evaluates the place of environmental rights in international law and in Turkey's Constitution. The core section of the study focuses on how the ECtHR handles environmental complaints under specific rights. Although the European Convention on Human Rights (ECHR) does not explicitly guarantee the right to the environment, the Court ensures indirect protection through rights such as the right to life, respect for private and family life, property rights, the right to a fair trial, and the right to an effective remedy. The study also discusses the limitations of the Court's individual victim-based approach in cases related to climate change and mass environmental harm. It concludes by emphasizing the need for the explicit recognition of environmental rights and the development of stronger protection mechanisms in international law.