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Balancing Conflicting Goods The European Human Rights Jurisprudence on Environmental Protection

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The implementation of environmental protection measures may interfere with the enjoyment of certain human rights. The European Court of Human Rights and the former Commission have developed quite an extensive jurisprudence in which these potentially conflicting goods of human rights and nature protection are balanced. Conservation-related cases have generally concerned the right to property, the right to private life and home, the right to a fair trial and the prohibition of discrimination. Especially with regard to the right to property, an increase in conservation-related cases and findings of violations is noticeable.


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