|Opis:||Climate changes and pollution directly and indirectly impact the effective enjoyment of a wide range of human rights, including the right to the highest attainable standards of health. The United Nations Human Rights Council has recognized climate changes and pollution as a threat to the quality of life and actively started with the implementation of climate actions. Resolution 29/15 recognizes that a wide range of human rights are affected by climate changes and calls for an immediately action on impacts on the right to health. The adoption of the United Nations Framework Convention on Climate Change (also known as the Paris Agreement) as the first universal and legally binding global agreement on climate change is considered to be the response to the Resolution and a step towards effective action. In the Preamble of the Paris Agreement the signatory states committed to actively take action to confront climate change, respect, promote and respect the human rights obligations, the right to health, the rights of local population, local communities, migrants, children, people with disabilities and people in sensitive situations and rights to development and gender equality, empowerment of women and intergenerational capital. The European Union, as one of the signatory to the agreement, implements an active policy to tackle these kind of issues by adopting and implementing legal acts, among which the most important is the adoption of Directive 2008/50/EC on ambient air quality and cleaner air for Europe, and taking procedures against Member States for non-respecting the obligations of the Directive.
The purpose of the present master's thesis is to evaluate whether the current regulation of the right to clean air, which is the subject of the Article 72 of the Constitution of the Republic of Slovenia and determines the right to a healthy living environment, is sufficient for adequate legal protection or it would be more reasonable to move away from the anthropocentric-oriented system by elevating the right to clean air into an independent human right.
The results of the study show that both the European Union and the Slovenian legal system offer a certain amount of judicial protection of the right to clean air within individual and collective disputes, which is unfortunately deficient due to the abstraction. Dictions of laws that cover such issues often use general legal standards that suggest concretization of legal disputes. Due to the unfavorable position of plaintiffs, where in most cases are counterparties of more resourceful parties with an obvious disproportion of power, disputes are not even started, as the risk is considered to be excessively elevate. As a consequence, the case law in concretizing the legal standards is vague and does not offer many solutions. The long procedures and the risk of unpaid costs are the main reasons why the disputes are not presented to the ordinary courts and moreover why the cases do not proceed to Supreme and Constitutional Courts, which in addition to the legislative body play a vital role in the creation of law.|