PROTECTION OF THE RIGHT TO HOUSING IN THE ASPECT OF THE STATE’S ENVIRONMENTAL OBLIGATIONS: INTERNATIONAL STANDARDS AND NATIONAL PRACTICE

Abstract

The article is devoted to the protection of the right to housing in the aspect of fulfilling the state’s environmental obligations. The relevance of this topic is due to the strengthening of trends regarding the recognition of the right to a clean, sustainable and safe environment as one of the fundamental human rights, the provision, implementation and protection of which has a significant impact on other basic human rights, including the right to housing. The modern concept of protection of the right to housing is based on recognizing it as an inalienable natural human right, which includes two aspects: property and non-property. The property aspect consists in the right of a person to own, use or dispose of his home on the basis of ownership, lease or other contractual basis, and not the property aspect – it consists in the right of a person to have a space protected from external influences, which is necessary for every person for a dignified existence, living, family planning and others It is logical to assume that the violation of environmental norms can have a significant impact on interference in both mentioned aspects of the right to housing. If we talk about it as a real estate object that has a certain value, in the event of non-compliance with acceptable environmental safety standards, it becomes uninhabitable, and therefore loses its value or becomes illiquid at all. If we talk about housing in the aspect of a certain space for living as an important component of a person’s private life, then in the event of environmental damage to the environment where a person lives, his life, health, and the normal existence of the person himself and his family members are also at risk. eat It is in this context that the European Court of Human Rights forms its precedent practice, which considers the state’s violation of obligations in the environmental sphere as an interference with the right to respect for housing. The purpose of this research is to establish which specific environmental obligations of the state have a direct impact on the system of protection of the right to housing and what extent these obligations are formed through the practice of national and international justice.