Çevre hakkı
The right to environment
- Tez No: 20865
- Danışmanlar: PROF.DR. YAHYA ZABUNOĞLU
- Tez Türü: Doktora
- Konular: Hukuk, Law
- Anahtar Kelimeler: Kamu hukuku, Türkiye, Çevre, Çevre hakkı, Public law, Turkey, Environment, Environmental rights
- Yıl: 1992
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Kamu Hukuku Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
SUMMARY THE RIGHT TO ENVIRONMENT The right to environment is one of the solidarity rights which are considered as third generation of human rights. Today's dimensions of environment problems have led to human beings right to live in a healthy and balanced environment. This right is a fundamental right because it provides a surrounding in which the other rights could be used. Thus, the realization of other human rights is not possible without a healthy environment. The right to environment has international characteristic since the problems of environment are not limited to national boundaries. It has both individualistic and collective features. The owners of the right are individuals, social groups, States and unborn generations. This nature of the right gives it an intergenerational characteristic. The realization of the right needs solidarity in society. The right to environment was born nearly three decades ago. Today in national level, many constitutions involves provisions concerning this right. On the other hand, in international level some steps on recognizing the right have been made by some institutions especially United Nations since Stockholm Conference (1972). Most of these steps have resulted with regional conventions. However, it has not yet been realized an international convention which recognizes the right to environment as a human right. So, today's the most urgent need in international level is a concrete step for signing an international environmental convention which recognizes the right as a human right.192 In this study, the right to environment has been examined by accepting the classification of human rights on the basis of the historical evolution of them. The thesis consists of three parts. In the first part, generally human rights have been searched from the view of human rights concept, it's characteristics and elements. Then, being dealt with the evolution of human rights, it has been tried to determine general characteristics of solidarity rights which include the right to environment. In the second part, theoretical aspects of the right to environment have been studied. In this aim, it has been searched the relationship between environment and law, also together with the recognition process, nature of human right and solidarity right of the right. Besides, it has been studied the elements which are subject, owners and responsibles of the right. In the third part, the application of the right in Turkey has been dealt with from the points of law, jurisprudence, organizations and public opinion. In this context, the constitutions, laws concerning environment, official environmental organizations, decisions of various courts on the issue and the acts of environmentalist groups in Turkey have been examined.
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