Abstract:

The right to the environment or the right to live in a healthy and balanced environment is more frequently discussed and discussed in the context of the impact of today’s increasing environmental problems and their other fundamental rights and freedoms. In this regard, it is a major problem that the environmental right-person finds a direct area of protection at the court authorities. In this study, the Turkish law examined in the light of the existing provisions of the right to live in a healthy and balanced environment recognized in Article 56 of the Constitution, to the extent to which the right to live in a healthy and balanced environment is protected in the individual application decisions made to the Constitutional Court. As a result of the recognition of individual application in the Turkish law only in terms of the rights in the field of joint protection of the Constitution and the UNHCR and the additional protocols that we are party to, environmental rights, cannot be directly subject to individual application. However, in parallel with the laws of the UNHCR, the Constitutional Court is committed to bringing applications arising from environmental issues into the scope of other fundamental rights protected in the Convention. These applications are mostly considered within the framework of the right to respect private life, the right to fair trial and the right to property.

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