Considerations on the Right to a Healthy Living Environment

Among the fundamental rights of "third generation" rights of solidarity, the right to a healthy and ecologically balanced environment is characterized by a special dynamicof its recognition and its legal guarantee. Originally internationally proclaimed , constitutionally and legislatively recognized by states, this right is perceived with difficulty, judicially, by the system of the European Convention on Human Rights and Fundamental Freedoms and by European law. In the absence of specific legislation, it is recognized and guaranteed, especially through procedures and jurisprudence. The Stockholm Conference of 1972 organized by the UN and its decisions have spurred socioeconomic and legal-constitutional concerns of consecration of environmental protection. Virtually any constitution that was adopted or substantially modified after that time also included provisions on the environment. In this regard, more frequent constitutional consecration is positive and paves the way for his inclusion among post-modern fundamentals right. It is considered that the right to environment is a subjective right to third parties whose compliance with can be requested by any natural or legal person, public or private.