Abstract:

E nvironmental rights have not been specified in the European Convention on Human Rights (ECHR). The ECHR therefore cannot be directly invoked when environmental problems are in question. The question of recognising environmental rights has been frequently raised under the ECHR. However, the concept of environmental justice (EJ) which arose in the US in the late 1970s and which focuses on the fair distribution of environmental burdens and benefits has not been studied in the ECHR or in the case law of the European Court of Human Rights (ECtHR). This paper argues that ECtHR has not followed a steady flow in favour of EJ when hearing the cases. In this context, It will be considered whether the existing provisions of the ECHR guarantee EJ. Besides, the question will be asked whether the ECtHR has ever determined environmental injustices or environmental discrimination, which was encountered in the US, based on racial and economic factors when deciding environmental cases in its history

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