DREPTUL LA UN MEDIU SĂNĂTOS ȘI ECHILIBRAT ECOLOGIC – PREMISĂ A DREPTULUI LA OCROTIREA SĂNĂTĂȚII

Abstract

The Right to a Healthy and Ecologically Balanced Environment - A Prerequisite for the Right to Health Protection.

In this article, we have not proposed an exhaustive analysis of the complex issues concerning the interrelation between the right to a healthy and ecologically balanced environment and the right to protection of health, but only to present - in summary - the coordinates of the right to a decent standard of living. Enshrined as fundamental rights,  these rights - developed through infra-constitutional legislation - were the subject of analysis by the constitutional court, from whose rulings we started. Noting the constitutional enshrinement of the right to protection of health - enshrined in Article 34 of the Fundamental Law, and the right to a healthy environment - enshrined in Article 35, we  have described the normative content of the texts and their doctrinal approach. We have invoked the fact that the interference between the right to a healthy and ecologically balanced environment and the right to health protection - essential components of the right to a decent standard of living, is revealed not only in the jurisprudence of the  Constitutional Court, but we also find it captured in the „European Process on Environment and Health” and in the „National Strategy for Sustainable Development of Romania 2030”.