Ecological cases of the ECtHR and the environmental risk of GMO

¹ Moscow State Institute of International Relations (MGIMO University), Prospect Vernadskogo 76, 119454, Moscow, Russia
² Peoples’ Friendship University of Russia (RUDN University), Miklukho-Maklaya str. 6, 117198, Moscow, Russia
³ Diplomatic Academy of the Ministry of Foreign Affairs of Russia, ul. Ostozhenka, 53/2-1, 119021, Moscow, Russia

^* Corresponding author: alena_trikoz@mail.ru

Abstract

The aim of this article is to consider the guarantees of protection of such a fundamental human right of the fourth generation as the right to a healthy and quality environment. The authors focus on the Jurisprudence of the European Court of Human Rights (ECtHR) in environmental matters in cases. The article touches upon the States’ positive obligations in particular the obligation to provide access to essential information enabling individuals to assess risks to their health. The research framework includes a discussion from a human rights perspective (the right to a healthy and quality environment). We consider the criterion of relevance (applicability) environmental cases where the pollution is directly caused by the state or when state responsibility arises from a failure to regulate adequately the private sector. Particular focus is placed on the category of Russian cases related to plants operation and above the norm air emissions as well as to the consequences of the Chernobyl nuclear power plant disaster. The article analyzes the EU policy regarding the regulation of production and turnover of products containing genetically modified organisms. With regard to environmental protection, the EU Charter of Fundamental Rights stipulates that a high level of environmental protection and environmental quality improvement should be integrated into EU policies and guaranteed in accordance with the principle of sustainable development. It was found that in the EU legislation and judicial practice on biotechnology and food safety, there is a rigid line of regulation of the production and circulation of products containing GMOs.