GUARANTEE OF THE RIGHT TO THE ENVIRONMENT THROUGH THE PROTECTION OF THE RIGHT TO HOUSING IN THE COUNCIL OF EUROPE

Abstract

This article studies the forms of judicial protection of environmental living conditions through the human right to housing, in intense dialogue with the jurisprudence of the European Court of Human Rights, especially when considering the absence of an express rule that ensures the protection of the right to environment in the European Convention on Human Rights and Fundamental Freedoms. At the same time, the fundamental role of the European Court for the evolution of the matter is evidenced, considering that, through its jurisprudential effort, it strives to guarantee such right even if indirectly. The methodology used will be inductive, with a case law analysis by the European Court. Two possible paths of jurisprudential evolution are concluded: the first is the expansion of forms of environmental degradation considered relevant for the purpose of judicial protection; the second stems from a new perspective on the option of relocating victims.