CYIL Vol. 7, 2016

BIRUTĖ PRANEVIČIENĖ – VIOLETA VASILIAUSKIENĖK CYIL 7 ȍ2016Ȏ its right to receive information under Article 10 of the ECHR, which guarantees the freedom of expression. 28 Another case tried by the ECtHR was the Guerra v. Italy case, where the right to information was considered in the light of Article 8 guaranteeing protection to private and family life. The applicants in the case lived near a “high risk” chemical factory and complained that the municipal authorities had failed to provide them with information about the risks of pollution and how to conduct themselves in the case of a major accident in the factory. 29 The Court stated that “severe environmental pollution may affect individuals’ well-being and prevent them from enjoying their homes in such a way as to affect their private and family life adversely”, 30 and therefore infringed their right to private and family life. The international conventions that will be discussed below detail the procedures for the implementation of such a right in the context of environmental information. The preamble of the Aarhus Convention connects the concept that adequate protection of the environment is essential to the enjoyment of basic human rights with the concept that every person has the right to live in a healthy environment and the obligation to protect the environment. It then concludes that to assert this right and meet this obligation, citizens must have access to information, be entitled to participate in decision-making and have access to justice in environmental matters. 31 The reception of information about the environment and environmental threats is particularly important to every individual because, possessing such information, he may take adequate individual decisions, especially regarding his own health. This may be illustrated by the sad example of the Chernobyl nuclear power plant accident, where the information about the accident was concealed and people could not take adequate measures to protect their health. People who lived in the affected territories did not know about the dangers from the atmosphere, which had highly elevated levels of radiation, and thus had spent a lot of time outdoors, in this way causing much damage to their health. Therefore this proves that the possession of information may become crucially important for members of a society in ensuring their other rights.

28 Sdružení Jihočeské Matky v. Czech Republic App no 19101/03 (ECtHR, 10 July 2006) The Court dismissed the application on the basis of being ‘manifestly ill-founded’ as the authorities had adduced sufficient justification for refusing access to the requested documents. 29 Guerra v. Italy ECHR Reports 1998-I. 30 Ibid ., para 60. 31 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (adopted 25 June 1998, entered into force 30 October 2001) 2161 UNTS 447 (Aarhus Convention), preamble, United Nations Economic Commission for Europe The Aarhus Convention. An Implementation Guide (2nd. ed., United Nations, 2014) 18.

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